Basic Concept


Once trademark application is filed, Trademarks Registrar will process the application. In case of any concerns those are noted in the Trademark Application, the Examiner would mark the application as “Formalities Check Fail” and request rectification thereof. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.


Hence, in cases wherein the Trade Mark Registrar marks the application as “Formalities Check Fail” or “Send Back to EDP”, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him / her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.


Important Concerns in Trademark Application


1. Professional handling: It's important that a professional rectify the trademark application and reply to the concerns raised by a Trademark Examiner. An experienced professional can help significantly improve chances of successful trademark registration by filing a professional response, addressing all the concerns of the Trademark Examiner.


2No Guarantee: Trademark registration is a process and registration is provided only by the Trademark Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts for addressing the concerns of the Trademark Registrar based on experience and expertise.


3Timeline: After filing of a Trademark Application / Rectification, it is important to periodically check the status of the trademark application until its processed on the Government side. Trademark registration sometimes requires various time-bound responses or actions from the Applicant. Hence, it's important to continually check the status of the Application and take required action until registration.


4Trademark Journal: Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.


5Trademark Opposition: As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the Applicant is required to file counter statement to the Registrar within two months.


How we help with filing trademark rectification


1. Expertise: we have experienced trademark lawyers who will understand the nature and reason for objection or opposition and deal with it accordingly.


2. Preparation: Based on the nature of objection or opposition, a reply notice or filing will be prepared by the trademark lawyer.


3. Filing: Once the documents are signed, it is filed with the Trademark Registrar to complete the objection handling engagement.