Confused by the trademark status “Marked for Exam”? Learn what it means, what happens next, timelines, and how to respond effectively.
If you’ve applied for a trademark in India, checking your trademark application status regularly is essential. One status that often confuses applicants is “Marked for Exam.”
So, what does “Marked for Exam” mean in the Indian trademark registration process? Should you be concerned? What steps follow this status?
In this article, we’ll break down:
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What “Marked for Exam” means
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Why it’s an important milestone
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What happens next in the trademark journey
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Tips to prepare for the examination phase
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How to track your application effectively
What Does Trademark status Marked for Exam Mean?
When your trademark application shows the status “Marked for Exam” on the IP India Trademark Status portal, it indicates that:
The trademark application has been assigned to an examiner and is under formal examination by the Trademark Registry.
It’s a positive sign—it means your application has cleared the initial formalities and is now being scrutinized for compliance with the Trade Marks Act, 1999 and relevant rules.
Why Is This Status Important?
Here’s why the “Marked for Exam” stage is crucial in the Indian trademark registration process:
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✅ It indicates progress beyond the filing stage
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✅ Marks the start of the substantive examination
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✅ Your trademark is now being reviewed on:
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Absolute grounds (descriptiveness, distinctiveness, etc.)
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Relative grounds (conflict with earlier trademarks)
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Procedural compliance
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Pro Tip: Many applications are objected to at this stage. Hence, it’s important to keep an eye out for the next status update.
What Comes After “Marked for Exam”?
Once your trademark is Marked for Exam, the following steps occur:
1. Examination Report
The examiner prepares a report which may have one of the following outcomes:
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Accepted: The mark is found acceptable and proceeds to advertisement in the journal.
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Objected: The examiner raises objections under Section 9 (descriptive marks) or Section 11 (similar marks).
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Hearing Required: If the objections are not resolved through a written reply, a hearing may be scheduled.
2. Reply to Examination Report
If the application is objected to, you must file a reply within 30 days from the date of issuance of the report.
3. Advertisement in Journal
If accepted or objections are successfully overcome, the mark is published in the Trademark Journal for opposition.
4. Registration
If no opposition is filed within 4 months of advertisement, the trademark proceeds to registration.
How Long Does the “Marked for Exam” Stage Take?
There is no fixed timeline, but typically:
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The status remains “Marked for Exam” for 2 to 6 months depending on workload at the Registry.
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Once examined, the status changes to either “Accepted and Advertised” or “Objected.”
What Should You Do When Your Trademark Is “Marked for Exam”?
Here are practical steps you should take:
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✅ Monitor Status Regularly: Check weekly on IP India’s website.
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✅ Ensure Contact Details Are Updated: So you don’t miss communication from the Registry.
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✅ Engage a Trademark Attorney: To be prepared in case of objections.
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✅ Review Similar Marks: Check the Registry for potentially conflicting marks that may trigger an objection.
FAQs about Marked for Exam Status
Q1. Is “Marked for Exam” a good sign?
Yes, it shows that your application is under active review.
Q2. Does it mean my trademark will be approved soon?
Not necessarily—it depends on the examination outcome. But it’s a major step forward.
Q3. Can I expedite this stage?
As of now, there’s no formal process to expedite the examination unless you’re filing under Start-up India, MSME, or prior use cases.
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This content is for general information only, not a legal advice. For specific legal concerns, contact Lawfluencers at hello@lawfluencers.com!