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Trademarks
Trademark Status- Formalities Chk Failed
Trademark Status- Formalities Chk Failed
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Trademark Status- Formalities Chk Failed. 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”. What is "Formalities Chk Failed" status in Trademark? 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. Reasons for "Formalities Chk Failed" status in Trademark Registration Process Formalities check failed due to the following reasons: - 1. Inappropriate Class 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'. 2. Incorrect goods and services description 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. 3. Incorrect documentation 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. 4. The brand name and logo are distinct from one another. 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: Under the Individual/Sole Proprietor group, a power of attorney notarized on non-judicial stamp paper must be filed in pdf format. Similarly, the applicant must submit separate documents in accordance with the categories mentioned. As a result, if proper documentation is not submitted, the application will be marked as "formalities chk failed." It is possible that the uploaded documents are corrupt or that the examiner is unable to open and access them. 5. Incorrect information 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.' 6. The logo should be unique and one-of-a-kind. 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." Steps to Take 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. Final Thoughts on Formalities Check Failed 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.
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ESI/PF Registration
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Appoint Virtual CFO
Angel Funding/ VCs
Virtual Office Service
Due Diligence of Company
Business Development
Protect Your Business
Trademark Registration
Trademark Objection
Trademark Hearing
Trademark Opposition
Trademark Infringement
Trademark Renewal
Trademark Assignment
Trademark Withdrawal
Trademark Monitoring
Logo Design Service
Copyright Registration
Patent Registration
Exit Your Business
Close Company
Fast Track
Close LLP
Close Firm
GST Cancellation
Change Services
Change Company Name
Change LLP Name
Change Company Object
Change LLP Object
Increase Authorised Capital
Increase Paid-up Capital
Increase LLP Capital
Transfer of Shares
Alteration in MoA & AoA
Resignation of Auditor
Appointment of Director
Resignation of Director
Change in Designation of Director
Shifting Registered Office of Company
Shifting Registered Office of LLP
Dormant Status of Company
Mandatory Compliances
Appoinment of Auditor
Annual Filings of Company
Annual Filings of LLP
Annual DIN/DPIN KYC
Annual Return of Deposits
Half Yearly MSME Return
Statutory Registers & Minutes
XBRL Filing of Companies
eStamping of Share Certificates
Dematerialisation of Shares
RBI FEMA Compliance
GST Returns Filing
ESI-EPF Returns Filing
TDS Returns Filing
Change in Structure
Proprietorship to OPC
OPC to Private Limited
Private Limited to OPC
LLP to Private Limited
Private Limited to LLP
Partnership Firm to LLP
Private Limited to Public Company
Public Company to Private Limited
Trust/Society to Section 8 Company
Existing Company to Section 8
Existing Section 8 to Company
Services
Accounting & Book Keeping
GST Compliance
Valuation Services
Corporate Litigation
Company Law Advisory
Services For Banks
Drafting & Vetting Services
Startups Funding
Business Loans
Get in Touch
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NBFC Company Registration
NBFC Micro-Finance Registration
NBFC P2P Lending Registration
NBFC Core Investment Company
NBFC ROC Compliance
NBFC RBI Compliance
NBFC License Restoration
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NBFC Acquisition
NBFC Consultancy
NBFC Compliance Calendar
NBFC Independent Director
ISO
ISO 9001:2015
ISO 14001:2015
ISO 13485:2016
OHSAS 18001:2007
HACCP Certification
CE Marking
GMP Certification
CMMI Level 3 Certification
ISO 22000:2005
ISO 27001:2013
FSSAI
FSSAI Registration
FSSAI State License
FSSAI Central License
FSSAI Registration Renewal
FSSAI License Renewal
FSSAI Returns Filing
FSSAI Compliances
FSSAI Consultancy
ITR
Salaried Person
Firms/LLPs
Companies
NGOs
Income Tax Notice
Income Tax Planning
Income Tax Litigation
Charity
Section 8 Company
Trust Registration
Society Registration
80G & 12A Registration
FCRA Registration
NITI Ayog Registration
CSR-1 Registration
CSR 2 Report
CSR Services
NGO Consultancy
NGO Handholding
Govt Grants Support
Partnership
Angel Investors
Venture Capitalists
Co-Working Spaces
Banks and NBFCs
Incubation Centres
Government Wings
Institutional Bodies
Software Companies
CA/CS/CMA/Lawyers
Press & Media Houses
Overseas Ventures
Other Startup Enablers
Contact Us