Understanding Trademark Status: Formalities Chk Fail
“Formalities Chk Fail” is the term used to denote the situation when a trademark application does not fulfil the precise formal prerequisites established by the Trademark Rules 2017. To be considered for registration, trademark applications are required to meet specific formalities, including furnishing detailed and accurate information in the application form such as the applicant’s name and address, a clear depiction of the trademark, and the goods or services for which registration is sought, in addition to the payment of the stipulated filing fees.
If any of these formalities are not met, the trademark registrar has the authority to dismiss or refuse the application. For instance, if the application form is incomplete, if the required fees remain unpaid, or if the trademark representation is unclear, the application may be dismissed. In such scenarios, the trademark registrar typically issues a formal notice to the applicant, highlighting the shortcomings of the application, and allowing a specific period for the applicant to address the deficiencies.
What has to be done next?
When a trademark application shows “Formalities Chk Fail” status, it means that the application has not satisfied the formal prerequisites set forth in the Trademark Rules 2017. To rectify the situation, the applicant must address the deficiencies that resulted in the formalities check failure.
The trademark registrar usually issues a formal notice to the applicant, highlighting the shortcomings in the application and providing a specific timeframe for the applicant to address the issues. The applicant should carefully review the notice and take appropriate action to rectify the errors.
For instance, if the application form is incomplete, the applicant should provide the missing details. If the necessary fees have not been paid, the applicant must pay the outstanding amount. Likewise, if the trademark representation is unclear, the applicant must submit a clear and precise depiction of the trademark.
Once the applicant has resolved the issues and corrected the errors, they should resubmit the application, and the registrar will conduct another formalities check. If the application meets all the formal requirements, it may be approved for registration. To rectify this, the applicant must address the shortcomings that led to the failure of the formalities check.
The trademark registrar typically issues a formal notice to the applicant, specifying the deficiencies in the application and offering a specific period for the applicant to address the shortcomings. The applicant must carefully review the notice and take appropriate measures to remedy the errors.
For instance, if the application form is incomplete, the applicant should provide the missing information. If the required fees have not been paid, the applicant must pay the outstanding amount. Similarly, if the trademark representation is unclear, the applicant must submit a clear depiction of the trademark.
Once the applicant has addressed the issues and remedied the errors, they should resubmit the application, and the registrar will carry out another formalities check. If the application meets all the formal requirements, it may be approved for registration.
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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.