When a trademark application contains one of the cases which has figurative elements/logo/design/device, then in all such cases, it is assigned a Vienna Code. The status on the IP India website shows it as “Send to Vienna Codification”.
Vienna Codification is assigned to conduct trademark searches for artworks/logos. Once the Vienna codification is complete, the trademark registration process continues with different stages and due processes like formalities check, examination, publication, objection/ opposition depending upon the merit of the application as per the Trade Marks Law.
No action is required to be taken by an applicant when the status is 'Send to Vienna Codification'.
The applicant must, however, keep checking the status as the same will go with different stages of trademark application process.
The Vienna code procedure is an internal process, however, if we talk about the status of “Send to Vienna Codification”, this status comes the moment the application number is generated for your trademark application and the same is visible on the IP India Website. As an Applicant, you are not required to take any action at this juncture.
Note: In case, the status shows as Formalities Chk Failed, you are required to comply with the observation in order to proceed with the application. For your information, the formality check is the process where Trademark Department does its due diligence to verify the information and documents as part of the trademark application.
PS: If there is a clerical error, the application's status changes to 'Formalities Chk Fail'.
What to do if you have received Status as Formalities Chk Failed?
To combat the Formalities Chk Failed, the applicant must file a TM-M in the prescribed Form (Application/Request for any miscellaneous function in respect of a trademark rectification) along with the legal fee of INR 900/- within the stipulated time to safeguard your TM Application.
If the application contains no errors, the status changes to 'Formalities Chk Pass'.
Once you have crossed the previous stage of Formalities Chk Pass, the application is assigned to an Examiner for review after a formality check as part of the Status called Examination (Marked for Exam). For your knowledge, if you have filed a TM Application of the same brand in different classes, chances are you may get different TM Examiner for your different trademark application.
As a result, the application status will be changed to ‘marked for exam' in the coming days.
BONUS POINTS
If you have filed a TM Application where you have any Logo (Device), you must have got this status showing as “Send to Vienna Codification” so there is no need to worry as this is a mandatory stage as part of the Trademark Registration Process. Trademark Law helps us protect our Brand and thus it becomes super important to be familiar with the basics. If anytime, it gets overwhelmed, you may always get in touch with our TM Attorney/ Agent who will be there to guide you even if you have already filed your application. For any support or suggestions kindly connect on 9988424211 or mail at info@ccoffice.in and our team will be more than happy to protect your IP.