Decoding Trademark Status: Formalities Chk Pass
After filing your trademark application, which usually takes only a day to complete, the application undergoes a series of stages. As a result, the status of your trademark application may vary at different points in the process. Under the Indian Trademark Rules, 2017, the “Formalities Check Pass” is a crucial stage in the trademark registration process
Trademark Status: Formalities Chk Pass
. During this stage, the Trademark Registrar conducts a preliminary check of the trademark application to ensure that all the required formalities have been fulfilled and that the application is in compliance with the Trademark Act, 1999 and the Trademark Rules, 2017.
The formalities check involves verifying the details of the trademark applicant, such as name, address, and nationality, as well as ensuring that the trademark application is accurate and complete. The Registrar also examines the trademark to ensure that it does not conflict with any existing trademarks or infringe any other provisions of the law.
If the trademark application successfully passes the formalities check, the Registrar will issue an Examination Report confirming that the formalities check has been cleared. The application will then proceed to the next stage of the registration process, which involves a substantive examination of the trademark application to determine its eligibility for registration.
However, if the Registrar discovers any discrepancies or errors in the application or determines that the trademark application does not meet the legal requirements, a formalities objection may be raised. In such a scenario, the applicant is expected to address the objections within the specified time frame before the application can proceed to the next stage of examination.
What has to be done next?
When the trademark application’s status indicates “Formalities Chk Pass,” it means that the necessary information and documents have been submitted correctly and passed the formalities check. However, this status does not indicate that the trademark has been registered yet.
The next stage in the process involves assigning the trademark application to an examining attorney who will evaluate whether the trademark satisfies all the legal requirements for registration. The time required for this evaluation can vary considerably, depending on factors like the application’s complexity, the number of comparable trademarks already registered, and the backlog of applications at the trademark office.
While the application is under examination, it’s essential to monitor its status and promptly respond to any requests from the examining attorney for additional information or documentation. It’s also advisable to conduct a trademark search to ensure no conflicting marks that could potentially prevent registration.
If the examining attorney confirms that the trademark complies with all legal requirements, it will be published for opposition, allowing third parties to oppose the registration. If no opposition is lodged or if the opposition fails, the trademark will be registered, and the status will be updated to “Registered.”
Managing the trademark process can be challenging due to the intricate nature of the law and its regulations. Our team of trademark experts can provide professional guidance and assistance throughout the entire process, ensuring that your trademark is successfully registered. Please don’t hesitate to contact us to book our services by clicking the button below.
With over 35 years of service in the District Court of Odisha, I have witnessed and learned diverse range of cases while developing a deep understanding of the legal system. Having retired from my previous position, I now utilize my expertise to assist businesses and SMEs in managing and navigating matters related to Intellectual Property Rights and Tax Law.