- Nagma Kacchi
- December 4, 2023
Introduction
When backed up by effective strategy, people can still operate profitable enterprises in today’s cutthroat business environment.
The beauty of competition allows similar businesses to be used by a large number of people. However, it also makes it possible for customers to become confused because there are identical products on the market.
To protect trademark from getting copied and to hold the exclusive rights over one’s own brand, it is important to have their Trademark Registration done, however it is not always a cake walk to file an error free trademark application as the form is filled considering the updated rules and exemptions.
Having been actively involved in the practice of trademark prosecution for a significant amount of time, I have witnessed that many applicants waste their time, efforts and due to formality check fail in their trademark registration.
Trademark applications have admittedly simplified over the years but the high stakes have directly increased the level of scrutiny too. One important step into it was Trademark Formality Check (or Trademark Formality Chk). In this article, I will share my two cents on the topic and will further mention ways to avoid formalities chk fail in Trademark.
What Is Formality Check Pass?
The application will be designated as a “Formality check pass” after two stages of status checking are completed. The following are those:-
- Nothing lacking in a trademark application.
- A response has been submitted to the “formality check fail”.
The application will move on through this stage and onto the next one. This process usually takes 7-10 business days.
What is a “Trademark Formality Check Fail”?
As mentioned above, there are two stages associated with Trademark formality check. In cases where the application does have some deficiencies, the Trademark status responds “Trademark Formality Check Fail”.
You might be wondering “Does this mean it is the end of the road?” , well, I would rather call it a hiccup that can be fixed with the right steps.
When Does Status -“Formality Check Fails’’ arises?
First, it is important to understand the reasons that might land you with a “Formality check fail” status. There are 6 of them in total: inappropriate category, class, description, documents, or information, and different brand name and logo issues.
What Happens If a Trademark Formality Check Fails?
The next natural question that comes is “What happens if my trademark formality check fails?” . The answer is that there’s still room to do damage control because the Trade Mark Registry notifies the applicant of any objections with rationale via a notice for formality check fail.
This is a chance for you to rectify the mistake and protect your brand.
Time Limit To Respond The Trademark Formality Check Fail
In India, you normally have 30 days from the date you receive the formality check report or notification to respond to a trademark formality check failure. The applicant has 1 month to address any errors or submit the necessary data in order to meet the formal requirements of the trademark application.
What If The Trademark Formalities Check Fail’s Response Not Filed?
If an answer to an unsuccessful trademark formality check is not submitted in India within the allotted time frame, I have personally seen people facing some serious repercussions for the same. For starters, the Trademarks Registry will consider the application abandoned, thus eliminating the continuance of the process. It ultimately means that the applicant will forfeit the chance to make the necessary corrections and seek trademark registration.
Trademark Formality Registration Process
There are various procedures involved in the trademark formalities registration process in India. Below is a summary of the procedure:
Conclusion
Trademark formality checks are one of the crucial steps of the application process that hold the power to make or break it for you. You hold the power in your hand to avoid any discrepancies, it is a must that you exercise this liberty wisely.
Treat your trademark formality chk failure status very wisely and prevent any further damage to your trademark.
Nagma Kacchi is a graduate of Mumbai University and she has an in-depth knowledge of branding and value proposition and has participated in various Intellectual Property webinars and is interested in exploring the legal world.
