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ISO Certification 2022

FAQs on Formality check fail and trademark Rectification

After Filing Trademark application, scrutiny is done by the Trademark examiner for the accuracy of the application in all the respects. If trademark application is found incorrect and improper in any field, the Trademark Examiner raises objection on the application and put the application in the status of ‘Formality check Fail’.

You need to correct your application by filing amendment in the Trademark application through a Trademark attorney. Sometimes Formality check fail cases require filing of TM-M application along with Govt fee of Rs.900. It is also important to file a reply to examination report if the TM-M is directed in the Examination report.

When proceedings on the trademark application is stopped on technical errors in the application and the status shows ‘Formality check fail’ the errors of Trademark application is corrected through TM-M within a specified time of 30 days or as specified in the grounds of objection.

When the Trademark Application is filed with a clerical error or incorrect product or services details into a particular class or any other objectionable reasons then the proceeding on the Trademark application is stopped requiring thereby a quick response to such cases and thus Trademark Rectification is required to keep the registration process live and moving in the way of Registration.

No, It is not sure that after rectification of trademark application the trademark shall be registered. The foundation and ground is created before filing the trademark application which is the very basis of registration of the trademark.

To avoid Trademark Objection you should select unique name which is not similar or deceptively similar to any existing mark and should be distinctive in character. To avoid Trademark Rectification you should select correct class and correct goods and services belonging to correct class. A better way to file a trademark is in consultation with a Trademark Expertise like Businessmitra which will surely lead to the way of Trademark Registration Easily.

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