There are many types of Trademark Objections that are substantive during examination of Trademark Application.
But today we will be discussing about formality objections that application might face from examiner during initial check.
This stage comes when you have filed an application and it is just examined on the basis of procedural requirements.
In case your application do not complete formal requirements of an application, it will be mark as formality check fail.
Now these formality check fail can arise due to number of reasons, but sometimes it causes unnecessary delay in processing of the application.
Now, let us proceed with variety of reasons why the trademark application may fail a formality check. Common reasons for formality check fail:
1) not stamped user affidavit.
2) wrong details mentioned in date of use
3) Description of goods not stated in accordance to nice classification.
4) Image description not specified properly.
5) Documents uploaded are not clear.
6) MSME certificate / Startup certificate not attached.
7) Evidences of use not properly specified.
8) Proper type of Trademark category not selected.
Above mentioned are the few reasons that one might receive during formality check fail status.
Sometimes the examiner also imposes fees for corrections of these Trademark objections.
Which is to be paid through TM-M form and can be part of Trademark Objection Reply
One must be cautious of the above technicalities in order to ensure smooth and fast Trademark Registration.
Also, reply to formality check fail has be prompt as it has been seen that any delay in response to formality check fail may result into abandonment of the application, which may lead to loss of Govt fees and priority filing date.
In case you see formality check fail as status, try to respond the same within 1 month from date of issuance of such notice.
