Understanding Trademark Status: Send Back to EDP
Under the Indian Trademark Act of 1999, meeting strict formal requirements is crucial for obtaining a trademark. Applications with technical or clerical errors, incompleteness, inaccuracies, or failure to meet these formal requirements are sent back to the Electronic Data Processing (EDP) section for rectification – a process called “Send Back to EDP.”
If the application is sent back to EDP, the EDP section contacts the applicant to address any issues identified by the Registrar, which may require additional information or clarification. The applicant must respond within a specific timeframe and provide the required information. Afterwards, the EDP section updates the application and sends it back to the Registrar for further processing.
Not responding within the given timeframe may lead to the application being considered abandoned, and the trademark won’t be registered. Thus, it is essential to ensure that all formalities are fulfilled correctly to avoid the risk of having the application sent back to EDP or rejected.
What Should Be Done Next?
If the status of a trademark application is labelled as “Send Back to EDP,” it means that the application doesn’t meet formal requirements, and there may be technical or clerical errors, incompleteness, or inaccuracy.
To rectify the issues, the applicant must respond to the EDP section within the specific timeframe and address the issues identified by the Registrar. The EDP section may also request additional information or clarification from the applicant to rectify the errors.
Once the necessary information is provided, the EDP section updates the application and sends it back to the Registrar for further processing. However, failure to respond within the specified timeframe may lead to the application being considered abandoned, and the trademark will not be registered.
Hence, it is crucial to pay close attention to detail to ensure that all formal requirements are met before submitting a trademark application to avoid the risk of having the application sent back to EDP or rejected under the Trademark Rules.
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.