Are you the one who thought after filing TM Application, all you will receive is Trademark Registration Certificate directly without any overdo and complications? If your answer is Yes, hold your breath for a moment as this is very flimsy and it has no relations with the real world. Let’s get back to the basics to help you ease out to begin with the Trademark Registration Process.

Significance of ''Marked for Exam'' in TM Application

The Trademark application passes through several steps and stages of trademark registration process once you have got your TM Application Number. The trademark status in the Indian Trademark Registry website shows as “Marked for Exam” when the trademark application has been marked for undergoing examination with an Examiner for issuance of Examination Report.

"Marked for Exam" status of the Trademark application also denotes that your application is complete in all respects to face the Trademark Officer who has been assigned with the power to review your application and issue Examination Report for Objection (TM Objection Under Section 9/11)/ Rectification (For filing TM-M)/ Acceptance (Showing Accepted).

What is "Marked for Exam" status in Trademark?

The Trademark Officer looks into the application when any TM is assigned to him and his job is to comply with the Trade Marks Act. This stage of TM application is known as Marked for Exam.

In light of this, the Trademark Registry overviews the application in accordance with the following standards:

Whether the application has been filed in the prescribed manner and format;
Whether any similar trademark in respect of the goods/services is there on record;
Whether the TM Application satisfies the standards set out in the Trade Marks Act, 1999;
Whether any restriction, condition or limitation is required to be imposed; and
Whether it is required to provide any extra information or imposition; if any.

Action Required for Trademark "Marked for Exam" Status

When the status of the trademark application is “Marked for Exam”, the applicant is not required to take any action. However, the applicant must await the results of the examination report. In simple words, it is like you have given the exam and waiting for the result which will determine how strong your trademark application is to get registered.

Timeline for the Trademark Application Process

The response time to exam marking takes 1-3 months usually; however depending on the pendency of cases, it may vary.
The trademark officer generates the report once the examination is completed, and this Examination Report indicates whether the application has been 'Accepted' or ‘Objected'.

Next Status after "Marked for Exam"

The next stage comes where Examination Report is issued after the "marked for exam" status which can contain Accepted or Objected.

What does it mean by "Examination Report Issued" as Status:

The Examiner will either issue a consolidated 'Examination Report' mentioning the objections (if any) or Accept the application. The examination report is currently issued in the Trademark Registry after a period of 2- 4 months in general. Kindly note that actual time taken may vary as per the FIFO (First-in and First-out) method.

A computer-generated 'Search Report for similar trademarks under Section 11 as part of the Examination Report' lists the conflicting marks. To know more about the Objection, click here to know in details.
The applicant or its authorized agent is required to respond to the Examiner’s objection(s) within a period of one month from the date of receipt of the examination report. The examination report is issued by the Trademark registry in the online records of the trademark registry at www.ipindia.gov.in.
Therefore, it is advisable to check regularly whether the examination report is uploaded or not, so that a suitable reply can be promptly filed but not later than a month time to the objections raised in the Examination Report.

Objected: An ‘objection’ to the trademark application can be caused by the Examiner under section 9 or 11. As an applicant, you will be notified about it along with the reasons for it and if you have hired a Trademark Attorney or Agent, he will be intimated about the same. Kindly note that in general, you may not receive the examination report in your correspondence address and therefore, you must at all times keep checking the TM Status of your application and have an hawk eye on your registered email to not miss an update from the Trademark Registry.

Final Thoughts on "Marked for Exam"

As far as the trademark status ‘marked for exam’ is concerned, there is no action required from the applicant except waiting for the examination report. However, real battle begins when you have received the Examination Report which does not have the status as Accepted but Objected.

An Objected status in the trademark examination report means Trademark Registry has some objections under section 9/ 11 and only after Reply to Examination Report or Show Cause Hearing, the objection can be waived off.

Note: As a Trademark Applicant, if you refuse to reply to examination report or attend hearing as the case may be, your trademark application will be marked as Abandoned.

If you need any help at any of the trademark registration stage, you may get in touch with the TM Attorney/ Agent and discuss your case and our team shall be at your disposal. Send us your Trademark Application Number at info@ccoffice.in or WhatsApp us at 9988424211