During the trademark registration process, an application can be marked as formalities chk fail by the Trademark Examiner.
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Chk Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.
Hence, in cases wherein the Trade Mark Registrar marks the application as Formalities Chk Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.
Important Aspects of Filing Trademark Application
It’s important that a professional rectify the trademark application and reply to the concerns raised by a Trademark Examiner. An experienced professional can help significantly improve chances of successful trademark registration by filing a professional response, addressing all the concerns of the Trademark Examiner.
Post filing of a trademark rectification, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark registration sometimes requires various time-bound response or action from the applicant. Hence, it’s important to continually check the status of the application and take required action until registration.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.
As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement to the Registrar within two months.
Filing a trademark rectification does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar – based on the facts and premises of each case. Hence, our professionals can only make best efforts for addressing the concerns of the Trademark Registrar based on experience and expertise.
How we help with filing trademark rectification
An experienced trademark lawyer will understand the nature and reason for objection or opposition.
Based on the nature of objection or opposition, a reply notice or filing will be prepared by the trademark lawyer.
Once the documents are signed, the document is filed with the trademark registrar to complete the objection handling engagement.