Trademark is a part of Intellectual Property which signifies a corporation or business. It could be a name, logo, symbol or a device and is utilized to recognize the goods or services associated with it. Trademark registration is a long procedure and goes through different levels of examination through the registrar.
The application status could be tracked online so that timely action could be taken if the case be. At times, the status of the application shows as ‘’Formalities Check Fail’’.
The trademark status in the Indian Trade Mark Registry website displays as “Formalities Check Fail” when the preliminary documentary necessities are not fulfilled. This can happen in instances like non-filing of the non-filing of translation/transliteration when the trademark is not in English/Hindi, filing in the g class, etc. If there is such an objection, the Trade Mark Registry generally uploads or sends a letter towards the applicant or agent mentioning the reason for the objection and why the trademark cannot continue further for examination. It is vital that an appropriate response is filed within 1 month from the date of receipt of such letter, and failing to do so, the trademark shall be abandoned owing to lack of prosecution.
There are various stages where a trademark application may get stuck. One of it is 'Formalities Check Fail' which occurs when any document is missing in the trademark application.
What is Trademark Status?
The trademark registry reviews each trademark application which makes certain that there are no resemblances with any other trademark. Trademark status is the different stages in the application procedure of a trademark. The status would change as the application advances different examinations.
If every the procedural formalities are correctly completed then the trademark status would reflect as ‘Formalities Check Pass’.
When such basic necessities are not met, the status would be reflected as ‘Formalities Check Fail’.
Formalities check fail
One of the stages of a trademark application is Formalities check fail which is the early stage of the application where the registrar examines whether the attached documents with the application are up-to-date or not.
If the documents are incorrect or the application is filed in the wrong class then the status changes towards Formalities check fail. It could also occur if there is no translation for trademarks that are not in English/Hindi.
At this stage, the cause for the objection must be ascertained by the individual and proper action must be taken for the application to move forward for registration.
Filling the application
At the time of filing the application, n individual has to select the category under which the application would be filed. The categories are of four parts which are;
1. Individual/Sole Proprietor
2. Startup
3. Small Enterprise
4. Others
Therefore, if the proper category is not selected then the application would come under the status to the formalities check fail.
• Incorrect class:
The ministry has allocated the products and services into 45 classes. The correct class requires to be selected at the time of filing an application.
• Incorrect products or service description:
In the application, the description of products or services in which the individual is dealing is required to be provided. The description should be in according to the classification given by the ministry. When the selected class, as well as its corresponding description, doesn’t match, the application might show this status.
• Improper documents:
The timeline for Trademark Registration Procedure could further stretch if every of the required documents is not submitted. This consist of putting up an application with important documents like power of attorney, affidavit, and proofs for claiming user date, supporting documents for claiming a rebate on application fees that is, startup or MSME certificate, etc.
It may happen the uploaded documents are corrupted as well as the examiner is not capable to open and view them. In such cases the examiner marks the application of trademark status as formalities check fail and asks for submitting the documents again.
• Improper Information:
Every of the information in the application should be filled properly as needed. For instance, translation and transliteration should be provided if the brand name is in a language other than English or Hindi. The name, address as well as other details of the applicant should be according to the power of attorney; the user data should be mentioned properly, description of the image, etc.
• Brand name and logo are different:
If the logo, as well as the provided brand name, is different from one another and the words stated in the logo do not match with the brand name, then the registry marks the status as ‘Formalities check fail’. Henceforth, both the logo as well as the brand should correlate with each other.
Actions to take
The ministry would issue a notice for Formalities check fail along with reasons issuing the same. The individual is required to file the reply within 30 days from the date of receiving of the notice. Ministry shall mark the application as ABANDONED on not receiving the response within the stated period.
An individual could file the Formalities check the ones from the tab “MISCELLANEOUS REPLY” through selecting “REPLY TO FORMALITY CHECK (MIS-F)” and providing the application number. If the mentioned specifically “TM-M”, then the individual is required to file that form.
If the ministry is satisfied with the reply, then it would process the application for the next stage. When the reply is not satisfactory then ministry might again mark the status as “Formalities Check Fail”.
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