Trademark Registration Process: Understanding 'Send to Vienna Codification' Status
When you apply for trademark registration, it often involves several stages before the application is fully registered. One common status that may appear on your application is 'Send to Vienna Codification.' If you have been notified that your application status is 'Send to Vienna Codification,' here's what you need to know.
What Does 'Send to Vienna Codification' Mean?
'Send to Vienna Codification' is a status that occurs during the filing process of a trademark application. This status indicates that the trademark Registry has assigned a Vienna code to your trademark based on its graphic elements. The Vienna Classification or Codification (VC) system uses numerical codes to classify graphical elements of trademarks. Each code represents a specific concept such as a star, an ellipse, or a group of people.
Key Points About 'Send to Vienna Codification'
No Immediate Action Required: Once your application is assigned a Vienna code, you are not required to take any further actions. The Registrar of Trade Marks is working on processing your application, but you should not expect a specific time frame for this process. Internal Process: The Vienna Codification is an internal process performed by the trademark office. The process involves classifying the graphic elements of your trademark using the Vienna Code system. Timeline: The processing time for trademark applications can be variable due to the pandemic, but it may take up to 2 months for your application to be examined after the 'Send to Vienna Codification' status is assigned. No Estimate Time Frame: There is no set time frame within which the status will change to the next stage. The processing time can vary. Not a Cause for Concern: Receiving the 'Send to Vienna Codification' status is a normal part of the trademark registration process. It is simply the beginning of the substantive examination stage.Understanding Vienna Code System
The Vienna Code system is a crucial aspect of trademark registration. It is used to classify graphical elements of trademarks, making it easier to search and filter trademark databases. This system allows for more efficient clearance searches, assessment of trademark registrability, and monitoring of potential infringements.
The Process After 'Send to Vienna Codification'
Once the 'Send to Vienna Codification' status is assigned, the status will change to 'Formalities Chk Pass' or 'Formalities Chk Fail' depending on whether the application meets formal requirements. If the application passes the formalities check, the trademark application will proceed to the substantive examination stage. If the application fails, it may need to be corrected and resubmitted.
Summary
The 'Send to Vienna Codification' status is a normal part of the trademark registration process. It signifies that the trademark office has classified your trademark's graphic elements using the Vienna Code system. Although there is no set timeline, the application will eventually move to the substantive examination stage. It is important to understand that the process can be lengthy, especially amid the ongoing pandemic.
For more information or legal advice, please consult a qualified trademark attorney. Legal standards and processing times can vary by jurisdiction.