A crucial part of the Trademark Registration process is "Send to Vienna Codification". Interestingly, only the trademarks including symbols/elements/shapes/colours /logos/designs etc, fall under Vienna codification.
This implies any wordmark without symbols/elements/shapes/ colours/logos/designs won't go for Vienna codification check.
For instance: The MARS Chocolate company do not have the symbol of MARS planet with their trademark, therefore, it is not categorised under celestial planets of Vienna codification. Meanwhile, it identifies if the trademark is violating any other registered mark or not.
Vienna Codification is a system to examine your trademark request with the registered one to avoid duplication.
The Vienna codification checks trademark symbols/logos/designs under 29 categories with many sub-categories:
Therefore, a Vienna Code is assigned as soon as you file a new application for a trademark if it contains symbols/elements/logo. Moreover, the Vienna code is assigned based on the type of logo. Nevertheless, these logos are codified according to the Vienna Agreement.
There is no need for any action by the applicant when the status is 'Send to Vienna Codification'. However, the applicant needs to wait for the report.
It takes about 3-5 working days for the Vienna code procedure since it is an internal process.
The formality check is the process followed by the ministry to check the information and the documents in the application. However, the status of the application changes to 'formality chk fail' if there is any clerical error. Hence, the applicant must file a TM Modification Form with the government fees of Rs. 900/- within 30 days.
However, the status changes to 'formality chk pass' if there are no errors in the application.
Examination (Marked for Exam)
Meanwhile, the application is sent for examination to the assigned examiner after a formality check. Therefore, the application status changes to 'marked for exam' in the next few days.
After the examination, if the examiner raises any objection to the application then the status changes to 'Objected'.
However, if there are no objections to the application, the status changes to 'Accepted'.
Read more about the "Marked for exam" status in Trademark.
In conclusion, the application of trademark registration passes through many steps and needs time. However, you can get the registration certificate within 6-8 months if you have a unique brand name. Besides, the processing time varies from case to case. Therefore, one should pick a unique name to avoid a lengthy registration time.
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