Trademark Status: Send to Vienna Codification — Meaning and Next Steps

Short answer: "Send to Vienna Codification" means the application contains a figurative element, such as a logo, device or label, and has been passed to the Registry's Vienna Codification Section. There, officials assign codes from the international Vienna Classification to the image parts of the mark. It is an internal processing step, not an objection or a decision on the mark, and the applicant does not need to file anything.

Why your application shows this status

The status reflects the Registry's internal workflow. IP India's draft Manual of Trade Marks Practice and Procedure (guidance only; the Act and Rules prevail) says that after data entry, an application containing a device mark moves to Vienna codification, where officials code its figurative elements under the International Classification of the Figurative Elements of Marks, and then moves on for examination. India has been a party to the Vienna Agreement since 2019. The codes matter at examination: under Rule 33(1) the examiner searches earlier marks, and the device-mark search pulls up earlier marks carrying the same Vienna codes. A plain word mark normally skips this step.

What happens next

• Once the codes are entered, the application moves on in the system; "Formalities Chk Pass" (or "Formalities Chk Fail") and "Marked for Exam" are the statuses commonly seen next.
• At examination, the examiner searches earlier marks by word, phonetic similarity and Vienna code, then either accepts the application or issues an examination report (Rule 33).
• If an examination report is issued, the reply is due within one month from the date of receipt (Rule 33(4)).
• How long codification takes depends on Registry workload; the Act and Rules fix no period for it.

What to do now

• Nothing needs to be filed in response to this status.
• Check that the mark image on the e-register is the correct, clear version of the logo filed; Rule 37 does not allow an amendment that substantially alters the mark, so raise any problem early.
• Optionally, run a Device Mark search by Vienna code on IP India's public trade mark search (it now asks for an OTP login) to see which similar devices are already on record.
• Keep watching the status and the email address given in the application for a deficiency notice, which must be answered within one month of its date (Rule 31).

Common mistakes

• Treating the status as an objection or a problem; it is routine for marks with figurative elements.
• Assuming a word search covers a logo; a similar device can conflict even with no letters in common, which is why devices are coded.
• Thinking the applicant must choose or file Vienna codes; the Registry's officials assign them.
• Confusing Vienna codes with the Nice class; the class of goods or services in the application is separate and is not changed by codification.

For every other status and what it means, see the trademark status guide.