Send to Vienna Codification – Trademark Status Meaning

Wondering what “Send to Vienna Codification” means in your trademark application status? Learn its significance, process, and next steps under Indian trademark law.

If you’ve ever filed a trademark application on the IP India portal, you’ve likely come across the status “Send to Vienna Codification.” But what does it mean? Is it a reason for concern? Or is it just a procedural formality?

In this blog, we’ll break down the “Send to Vienna Codification” status in simple terms, explain its relevance under Indian trademark law, and provide practical insights for trademark applicants.

What Is Trademark Status Send to Vienna Codification?

The status “Send to Vienna Codification” refers to a phase in the trademark examination process where a trademark application is forwarded for classification of figurative elements (logos, images, symbols, etc.) under the Vienna Classification system.

This is not a legal objection or defect, but an internal procedural step.

What Is the Vienna Codification System?

The Vienna Codification, also known as the Vienna Classification, is an international system developed under the Vienna Agreement (1973) to classify figurative elements of trademarks.

• Administered by: World Intellectual Property Organization (WIPO)

• Purpose: To establish a standard classification for trademarks containing non-textual elements like logos, emblems, and designs.

• India: Though not a contracting party to the Vienna Agreement, India follows the Vienna Classification for harmonization and global compatibility.

Structure of Vienna Classification:

It consists of:

• Sections (Category) – Broad types of visual elements (e.g., humans, animals, geometrical figures)

• Divisions and Subdivisions – More specific representations

Example:

• 03.01.01 – Lions

• 05.05.25 – Stars with more than four points

When Does “Send to Vienna Codification” Status Appear?

This status typically appears after the trademark application is filed and before the examination report is issued.

Timeline Overview:

1. Trademark Filing: Application is submitted via the IP India portal.

2. Formality Check: Completeness and correctness of the application is verified.

3. Vienna Codification: If the mark has a figurative/logo element, it is coded under the Vienna Classification.

4. Substantive Examination: An examiner issues the examination report, including objections (if any).

Why Is It Important?

1. Facilitates Search and Examination:

   • Helps trademark examiners and third parties conduct comparative searches using figurative elements.

2. Essential for Trademark with Logo:

   • Logos or images must undergo Vienna Codification.

   • Word marks (text only) usually skip this step.

3. International Alignment:

   • Enables cross-jurisdictional trademark searches, especially for global brands.

Is Any Action Required from the Applicant?

No. The applicant does not need to take any action when the status is “Send to Vienna Codification”. It is automatically processed by the Trademark Registry. You can simply monitor your application status via the IP India portal.

How Long Does the “Send to Vienna Codification” Stage Last?

There is no fixed timeline, but it generally takes 2–3 weeks, depending on the backlog at the registry.

Pro Tip:

To expedite the process, ensure:

• You upload clear images of the logo.

• You avoid ambiguous or complex designs that may confuse the codifiers.

Common Misconceptions