The process of trademark registration does not end only with the filing of a trademark application with the Trademark Registry. For your information, a trademark application goes through several stages before it gets registered. There are standard processes in which the Registrar may raise a concern that must be resolved before the trademark status is changed to Registered.
If the response is not submitted within the time frame specified, the request is refused. As a result, the applicant must check the status of the submission on a regular basis. Now, let us talk about the status of “Formalities Chk Failed”.
The 'Formalities Chk Failed' status of the trademark means a stage where the review of the application has resulted in meeting guidelines of the complete application, indicating that the applicant's basic details and documentation have a certain default.
Formalities check failed due to the following reasons: -
Trademark classes are divided into 45 categories: Class 1 to 35 depicts to goods and Class 36 to 45 are related to services. When applying for the most relevant trademark registration, we must list our goods and services according to this classification. The exact class must be chosen when filing an application. If is there is inconsistency, the department will mark it as "Formalities Chk Failed" in the trademark. For example, if an applicant tries to register a trademark for coffee falling under class 30 and mistakenly mentions class 34, the application will survive further inspection in such a case and will be called 'Formalities chk failed'.
It is critical to include a description of the products or services with which the applicant is concerned in the application. The definition must be based on the goods referred to and used by the applicant in the World Intellectual Property Organization's (WIPO) Nice Classification (NCL). In such a case, if the selected class and its definition does not suit the applicant's application, then the application is labeled with ‘Formalities Chk Failed’ status in the Trademark.
All of the details in the application must be filled out correctly. For example, if the brand name is not in English or Hindi, translation and transliteration must be provided. The applicant's name, address, and other information must be in accordance with the power of attorney, the date of the user, the description of the photograph, and so on.
If the logo and the brand name differ, and the words listed in the logo do not match the brand name, the Registry classifies the classification as 'Formalities chk failed.' Both the logo and the brand must be consistent with one another.
If all required documents are submitted as per the concern on the status of Formalities Check Failed, the Trademark Application will proceed further as per the set standards of Trademark Law. This entails submitting an application without substantial documentation, such as a power of attorney, a MSME certificate, and so on.
When submitting an application form, make sure to select the appropriate category. The categories are divided into four sections, which are as follows:
Enterprise Limited
Startup
Personal/Single Proprietorship
Other
Some important consideration to ensure proper trademark application:
The entire applicant's data must be filled in, as required by the application Form TM-A. The applicant's name, address, state, and other details must be in accordance with the power of attorney, registration number of the agents, category of the trademark, class, description of the products, and so on. Furthermore, if the logo, wordmark, or any category of the mark is in a language other than English or Hindi, adequate translation and transliteration of the mark must be provided, or it will be marked as 'Formalities Chk Fail.'
A logo must be unique and distinct, and it should not be a series mark. A series mark is a group of Trademarks that are similar in terms of material characteristics and differ only in terms of non-distinctive characteristics that do not significantly affect the identity of the Trademark. As a result, if the logo is not unique, the department will mark the application as "Formalities Chk Failed."
The Department shall issue a notice of failure to comply with the trademark's Formalities audit, as well as the reasons why the application could not be reviewed. The applicant must file a response within 30 days of receiving the notice. In the absence of action within a specified time frame, the appeal is considered as “Abandoned” for lack of prosecution under Section 132 of the Trademarks Act, 1999.
The Trademark Registry will issue a notice for Formalities check failure, along with explanations. The applicant must file a response within 30 days of receiving the notice. If the Registry does not receive a response within the specified time frame, the application will be marked as “ABANDONED”.
You can file a Formalities chk reply from the 'MISCELLANEOUS REPLY (MIS-R) by entering the application number.
This stage of Formalities Chk Failed can be mitigated by submitting a trademark application with accurate information. As a result, in order for the trademark to be processed smoothly, it must be submitted by experts who have knowledge of Trademark Laws. However, if you have already faced such a stage where your application’s current status is Formalities Check Failed for various reasons, it becomes inevitable to respond on the failure to verify formalities by clarifying the issues raised by the department. If you need a consultation call to discuss your specific case, you are welcome to email us at info@ccoffice.in or connect at 9988424211 and our team of TM Agents/ Attorneys will be more than happy to support you in protection of your Brand Name or Logo.