The trademark application goes through several checks to verify the information of the applicant. After your trademark registration successfully gets a code under Send to Vienna Codification, the status of the application either changes to Formalities chk pass or fail.
"Formalities chk pass" is a trademark application status that reflects when the Indian Trademark Registry authenticates the submitted records.
The status also ensures that all the information is correct and in the given format.
The authorities check the mark under the following criteria:
However, if the application fails to comply with the above requirements, the status changes to "Formalities chk fail".
When the trademark application is in "Formalities chk pass", no action is necessary from the applicant's side. You can sit back and relax while your application is under process.
The status of Formalities Chk Pass generally stays for 6 - 8 working days.
In case the mark fails to verify, the status of the application changes to "Formalities chk fail". At this time, the applicant must file a reply to resolve the query raised during the check. If the authorities are satisfied with the response, the status of the application changes to "Formalities chk pass".
The reply must submit within 30 days of the application status "Formalities chk fail".
After that, when all the basic checks are complete, the application undergoes an examination and the status changes to "Marked for Exam".
The time taken for the trademark registration process time is 6-8 months.
During the span, you can use the TM letter with your mark. It will show that it is under the registration process. However, you can use the TM symbol only after you have applied for it.
Note: The falsified declaration that the label is registered is a violation and penalised by the law.
The status after the Formalities Chk Pass are as follows:
Marked for Exam
When the application is in this status, it implies that an official is reviewing and examining your application.
The official will examine your application under several checks to ensure that the mark is not breaching any law. Also, they will check it for the duplicacy case. If they discover any faults, they can object it under Trademarks Act 1999, Section 9 & 11.
The application status "Marked for Exam" remains for 1-3 months.
Exam Report Issued
When the status changes to this, check your mails for any query raised by the authorities.
You will receive the exam report directly on the mail id.
The status of your application will be "Accepted" if there is no objection in the report.
Unfortunately, if there is an objection, the status will be "Objected".
So, always keep an update about the trademark application status.