Formality Check Fail in Trademark Registration Process
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Trademark Formality Check Fail
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Formality Check Fail in Trademark Registration Process

Updated on January 30, 2024 01:30:51 PM

Trademark formality check fail or "Formalities Chk Fail" is a status of TM application that occurs when the details and documents submitted with the application are not as per the requirements of Trademark guidelines. It means that the Trademark application is not filed correctly.

Read to know the reasons, best practices to avoid it, and what you should do if your Trademark application is marked as "Formality Chk Fail" by the registrar.

What is a Trademark formality check?

Before getting into the Trademark formality check fail, it’s important to clarify what Trademark formality is. The Trademark formalities can be defined as certain details and information along with documents proof that must be submitted by the applicant to apply for Trademark registration.

There are some stages where the registrar raises an issue that needs to be addressed by the applicant. After the Vienna codification, the registrar validates the details and documents of the Trademark application. This validation process is known as a Trademark Formality Check.

The applicant has to pass this formality check to enter the next stage of the Trademark registration process.

The main information & documents considered in a Trademark formality check are:

  • Company / Entity details
  • Appropriate Trademark Class
  • Description of goods and services
  • Parity between logo and brand name
  • Working (corrupt-free!) document files like PNG /JPG / PDF
  • Availability of sufficient supporting documents & information

Reasons why applications fail the Trademark formality check

There can be various reasons that may cause your Trademark application to fail in the formality check. Some of the most common reasons are:

  1. Improper documents are filed with the Trademark application like corrupt PDF or corrupt logo file
  2. The words mentioned in the logo doesn’t match brand name
  3. Incorrect category of entity type is selected while filing the Trademark application
  4. Incorrect information is provided by the applicant or the Trademark attorney
  5. Incorrect Trademark class is selected while filing the application
  6. Inappropriate description of goods and services

Best practices to avoid failure in Trademark formality check

The best practices below do not guarantee that the Trademark application would pass the formality check but following them would increase the probability of passing the formality check in an efficient manner.

  1. Match the name in your logo as well as brand name to avoid outright rejection in formality check
  2. Upload appropriate document files by making sure that all the documents (including logo file) are corrupt free and accessible
  3. Select the accurate Trademark class according to relevant goods and services
  4. Choose the right entity type - Proprietorship, Company, Firm or Individual
  5. Provide proper information about the brand and business to avoid failure in TM formality check
  6. Naming the files appropriately to represent your documents in a structured way like brand-logo.png or incorporation-certificate.pdf
  7. Last but not least, hire experienced professionals to file your Trademark and protect your brand identity

What to do if the TM application status is “Formality Chk Fail”?

The Trademark authority issues a notice for formality check failure along with reasons. An amendment form has to be filed within 30 days from the date of receiving the notice. The applicant has to file the reply within the specified time period otherwise the application gets rejected and the registrar will mark the application as “ABANDONED” - which simply means rejection of the Trademark application!

If the authority is satisfied with the reply, then it will process the application for the next stage. If the reply is not satisfactory then the Trademark application status may again get marked as “Formalities Chk Fail” .

Regardless of the situation or case may be, it is always best to consult with a Trademark attorney before making any decisions regarding what steps should be taken next.

An experienced Trademark lawyer will be familiar with different types of formality issues as well as all applicable laws and rules surrounding response options. They will also know how to deal with Trademark registrar so that you don’t risk being made liable for subsequent delays/fees due to inappropriate actions on your part.

Professional Utilities: Your Partner in Protecting Brand Identity

The team of Trademark attorneys at Professional Utilities has experience of filing thousands of Trademarks. We have got our own Brand name - Professional Utilities® registered even though it was very challenging.

If you fail to protect your mark by filing for formal protection, you might lose your rights in court if someone else begins using it. Your customers will be confused about whether they are purchasing goods or services from you or another business, which could lead to costly confusion and loss of revenue.

To prevent yourself from having to pay exorbitant fees in order to stop another business from using your Trademarked terms, invest in high-quality protection now—and avoid any potential Trademark registration problems.

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Frequently Asked Questions (FAQs)

  What are Trademarks?

A Trademark is a distinctive sign or indicator used by an individual, business, or organization to identify its products and services and to distinguish them from those offered by others.

  What happens if the applicant doesn’t reply to notice within 30 days?

If the reply is not filed within the specified time period then the Trademark application gets rejected and the registrar marks the application as “ABANDONED”.

  Why should I register a Trademark?

Trademarks should be registered to prevent others from being able to copy your brand name, products or services without permission. In simple words, you should register a Trademark to protect your brand identity.

  What details and documents are required for a Trademark application?

The Trademark application should consist of a description and explanation of your business, its activities, and what you intend to use your Trademark for. It should also include an image of your logo or branding.

These materials need to be presented in a formal manner. Additionally, if you already own a registered Trademark, there is no requirement for it to be included as part of your application – although we strongly advise doing so nonetheless.