When you run a TM public search in India, each trademark result shows a status. These statuses reflect exactly where an application is in the registration process — and they matter greatly for assessing whether a mark poses a conflict risk to your brand.
Registered
What it means: The trademark has been fully examined, accepted, published in the Trademarks Journal, survived the opposition period (or no opposition was filed), and the registration certificate has been issued.
Protection: A registered trademark gives the owner the exclusive right to use the mark in India in the registered class. The owner can sue for infringement under the Trade Marks Act, 1999.
Risk for you: HIGH. If you use or file a similar mark in the same or related class, you risk infringement action. Avoid this mark in the same class.
Trademark registration in India is valid for 10 years from the filing date. It can be renewed indefinitely in 10-year intervals. Check the filing date — registrations not renewed lapse.
Pending / Under Process / Under Examination
What it means: The application has been filed but the examination report has not yet been issued. The application is in the queue for examination by the Trade Marks Registry.
Risk for you: MEDIUM. A pending application can still proceed to registration. If it registers and your mark is similar, you could face opposition or infringement action later. Treat pending marks with caution in the same class.
Objected
What it means: The Examining Officer has issued an Examination Report raising objections to the application. Common objections include: similarity to an existing mark, descriptive nature of the mark, lack of distinctiveness, or non-compliance with formalities.
The applicant has 30 days to file a reply to the examination report (extendable by a further 30 days). If no reply is filed, the application is abandoned.
Risk for you: MEDIUM. The objection may be resolved and the mark may proceed to registration. Do not ignore objected marks — they can still become registered.
Send to Vienna Codification
What it means: This is a normal processing step, not a problem. It means the application contains a device (logo or design element), and the Registry is assigning international Vienna Classification codes to the figurative elements of the mark. This step is part of the standard examination process for device/logo marks.
After Vienna Codification, the application proceeds to examination.
Risk for you: MEDIUM. The application is active and progressing through the process.
Formalities Check Pass / Formalities Check Fail
Formalities Check Pass: The application has passed the initial administrative check and is ready for examination. This is a routine step confirming the application is complete and fees are paid.
Formalities Check Fail: The application has a technical deficiency — missing documents, incorrect fees, or incomplete information. The applicant must correct this or the application will not proceed. This is rare if filed correctly.
Accepted and Advertised / Accepted
What it means: The Examiner has accepted the application and it has been (or is about to be) published in the Trademarks Journal. After publication, there is a 4-month opposition window during which any third party can file a Notice of Opposition.
Risk for you: HIGH. A mark at this stage is very close to registration. It has passed examination and is likely to register unless successfully opposed.
Refused
What it means: The application has been refused by the Registrar — either after an unsuccessful response to examination objections, or after a successful opposition by a third party. The applicant can appeal to the Intellectual Property Appellate Board (IPAB) / High Court.
Risk for you: LOW. The mark is not registered. However, check if the applicant has filed an appeal — if the refusal is under appeal, the situation may change.
Abandoned
What it means: The application was not actively pursued — typically because the applicant did not respond to the examination report within the time limit, did not file a renewal, or did not follow up on formalities. The application is treated as withdrawn.
Risk for you: LOW. However, check if the applicant has re-filed the same mark under a different application number.
Withdrawn
The applicant voluntarily withdrew the application. This sometimes happens after receiving a cease-and-desist letter from an existing rights holder.
Risk for you: LOW.
Opposed
What it means: After the mark was accepted and published, a third party filed a Notice of Opposition within the 4-month opposition window. The matter is now before the Registrar for adjudication.
The outcome can be: (a) opposition sustained — application refused; (b) opposition dismissed — application proceeds to registration.
Risk for you: MEDIUM. The matter is unresolved — the mark may or may not register.
| Status | Active? | Risk Level | What to do |
|---|---|---|---|
| Registered | Yes | High | Avoid this mark in same class |
| Accepted & Advertised | Yes | High | Treat as effectively registered |
| Pending / Under Examination | Yes | Medium | Monitor; seek attorney advice |
| Objected | Yes | Medium | Could still register; consult attorney |
| Send to Vienna Codification | Yes | Medium | Normal step; application is active |
| Opposed | Disputed | Medium | Outcome pending; seek advice |
| Refused | No | Low | Check for appeal |
| Abandoned | No | Low | Check if re-filed |
| Withdrawn | No | Low | Generally safe |
FAQs — Trademark Status India
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