Trademark Application Status
In order to provide the shield to your brand name it is of utmost importance to obtain the trademark registration for your brand name. Obtaining trademark registration is not just a one day job rather it is complete step by step procedure that is required to be followed by the applicant. Once you have applied for the registration you have kick started with the procedure. In the procedure of Trademark Application the various status are updated for the application by the ministry that are known as the Trademark application status. These Trademark applications status reflects the current position of your trademark application. Today with article we will be discussing one such status of the Trademark known as the Formality Check Fail.
What does Formality Check Status means?
When an application is submitted with the registry it is kept under the examination by the trademark officer. In this examination the examiner verifies that whether the application filed is complying with the basic rules of trademark or not and whether it is correct or not. When the formality check fail is raised by the department the applicant is required to respond to it by filing the adequate response.
What can be the reasons for Formality Check Fail?
It is very important to know and understand the reasons for which you may receive a Formality check fail. As preventing the formality check fail can help in making the procedure quicker and simpler for the applicant. Here are some of the major reasons for which a person may receive a formality check fail for his application –
Incorrect Applicant category – while making the trademark application there is a requirement of selecting the proper applicant category. These categories include Individual, Body Incorporate, Sole Proprietorship, Limited Liability Partnership, partnership etc. The applicant is required to choose the correct category on whose name the application is made otherwise the objection will come.
Incomplete or incorrect information – There are various details that are required to be filed while filing the trademark like the name and address of the applicant, description of the mark etc. While making the application utmost care should be taken to fill the details properly like the translation and transliteration , the date of usage etc.
Incorrect class of Goods and services – The class of goods and services is one of the important things for the procedure of trademark application. There are in total 45 trademark classes for the goods and services. It is important to mention the goods and services according nice classification provided by the registry. Any discrepancy in it may invite formality check fails.
There is a difference between the brand name and the logo – When the application is made for the device mark containing both the logo and brand name the brand name written should be completely similar to the brand name written inside the logo. If both the things do not match it may invite formality check fail.
Improper Documents – The documents to be uploaded with the application like the power of attorney, affidavit and MSME should be correct and clear. In case the proper documents are not uploaded an formality check fail may arise.
How should we respond to formality check fail?
The notice of Formality Check fail will be given to the applicant stating the reason for fail and the action to be taken further. Within 30 days of receiving the notice the applicant shall respond to the same. In order to reply for formality check fail the applicant can go to the miscellaneous reply option and from there select the option of Reply to formality check fail and provide the application number. In case required the TM-M form must also be filed with the registry. After being satisfied with the reply filed the ministry will proceed the application further for Trademark Registration.
Consequences of not filing reply to Formality Check Fail?
If you decide not to file reply to the formality check fail failed get ready to loose the rights on your application as it is will be abandoned by the registry. Late reply filing or no reply filing can result in application becoming abandoned. Thus, it is importance to file reply to the formality check within due time.