Many a time, the online status of a mark shows ‘ exam report issued ,’ perceiving which, one might assume that it implies ‘issuance of examination report’ post examination of the mark. But in reality, the said status is being used by the Trademark Office to denote that the mark has been ordered to be advertised and is yet to be advertised.

Once a mark gets examined by the Trademark Office, the mark either gets objected or glides through to advertisement. When a mark does get objected and response to the objections is filed and still the Trademark Office has its reservations about the registrability of the mark, a hearing is appointed. Post hearing, when the hearing officer decides to advertise the mark, the status, for the interim period till advertisement, is shown as “examination report issued.”

The said status is an indication that the Trademark Office has decided to advertise the mark and that the mark would shortly be advertised. As already mentioned, irrespective of what the literal meaning is, the said status is being used by the Trademark Office, during the interim period when the mark is due to be advertised and the actual advertisement, especially where the mark is ordered to be advertised post hearing.

The only action required to be taken when such a status is shown is await the advertisement of the mark and ensure that it does get advertised!

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Raja Selvam

Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.

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