The applicant's information is verified through several checks during the trademark application process. The applicant can track the status of his trademark application by visiting the ipindia.gov.in website and visit the TM Status Page. One has to fill the TM Application Number to fetch the latest update. Did you know that trademark current status is always shown on the current date even if there has been no change in the status.
The change in status of your trademark application depends on whether you have filed a Wordmark or Device Mark. In case, where it is a Wordmark, after filing the TM Application, in general, it shows the status as Formalities Chk Pass on its own. However, in case of Device Mark (Logo/Monogram/Design), after filing trademark application, the status is updated as Send to Vienna Codification and post that the application status gets changed to ‘Formalities Chk Pass’.
What is "Formalities Chk Pass" Status in Trademark?
The trademark application status "Formalities chk pass" indicates when the Indian Trademark Registry authenticates the submitted records.
The status also ensures that all information is correct and is in the correct format or not as specified.
The following criteria are used by the Trademark Authorities to evaluate the mark:
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Whether the documents are typed or handwritten;
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English or Hindi should be used in the printed language;
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Place of Application and Date should be correct;
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The POA (Power of Attorney) is attached or not if an agent applies;
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Whether the applicant has signed the documents or not;
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Udyam Certificate with correct NIC corresponding to TM Class(es);
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DPIIT (erstwhile DIPP) Certificate for Startup Company;
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Affidavit and Evidence if the trademark claims the user date before the filing date;
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Documents must bear the necessary stamp duty and should be notarized;
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Goods and Services as per the Class Description is properly defined or not;
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Whether other applicable documents are attached or not.
If the application does not meet the above requirements, the status changes to "Formalities Chk Failed."
Action Required in Trademark for "Formalities Chk Pass" Status
When the trademark application is in the "Formalities chk pass" status, the applicant is not required to take any further action. While your application is being processed, you can sit back and relax.
Timeline
Formalities Chk Pass status usually lasts 4 - 8 week in general but again it may vary on case to case basic depending on the FIFO Method and case pendencies.
If the mark fails to verify, the application's status changes to "Formalities chk failed." At this point, the applicant must file a reply to the query raised during the check. If the authorities are satisfied with the response, the application's status is changed to "Marked for Exam" which essentially means “Formalities Chk Passed."
- The reply must be submitted within 30 days of the application status "Formalities chk failed."
- When all of the basic checks are completed, the application is examined, and the status is changed to "Marked for Exam".
Next Status after "Formalities Chk Pass"
The following are the results after the “Formalities Chk Pass” status:
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Marked for Exam (Pending for Examination)
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Accepted/Objected (Examination Report Issued)
Marked for Exam
When your application is in this status, it means that an official will be assigned for reviewing and examining the TM Application.
Note: The Examiner will go over your application several times to ensure that the mark does not violate any trademark laws. The Trademark Registry will also look for any instances of duplication. If they find any flaws, they can file an objection under Trademarks Act 1999, Sections 11 and in case of absolute grounds, section 9 may also come into picture.
Objected/ Accepted [Examination Report Issued]
When the status changes to Objected or Accepted, it means Examination Report has been issued for the very reason as to how the same has been marked as Objected or Accepted on case to case basis. This is an important stage in the Trademark Registration Process and therefore, an applicant must check their emails for any queries raised by the authorities or alternatively keep checking on the Trademark Official Website. The examination report is also sent to the registered email address which may include the email id of your trademark agent or attorney as well.
- If there are no objections in the report, the status of an application is changed to "Accepted".
- If an objection is raised, the status is changed to "Objected" and as an applicant you must check the Examination Report issued to understand the cause of such objection.
- At times, the objection is not related to section 9 and 11 but normal changes in the description of the activities in the Class selected which is required to be corrected by filing TM-M.
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One should keep tracking the status of Trademark on ipindia.gov.in, as change in the status of Trademark is of crucial nature.
CLOSING REMARKS
If you have filed a trademark application as wordmark, you will see the status as “Formalities Check Pass” instantly as you receive an application number under the Trademark Law. However, if you have any Device Mark which can be your brand logo, monogram, design etc, after Send to Vienna Codification, you will see the status as Formalities Check Pass. In either of the case, you are not required to take any actions. If you still have any question on the Trademark Filing, our IP Experts will help you navigate through various status of Trademark process, should you need any assistance, our team of Attorney will be there to give you complete hand holding if you get stuck at any stages. You can also reach out at 9988424211 or mail us at info@ccoffice.in
