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Formality check Fail is the initial stage of the application wherein the registrar examines whether the documents attached with the application are up-to-date or not. In case any of the documents are incorrect or the application is filed in the wrong class then the status changes to formality check fail. It can also happen if there is no translation for trademarks that are not in English/Hindi. In case these basic requirements are not fulfilled, the status could be reflected as “Formalities Check Fail”. The applicant has an opportunity to rectify and resubmit the trademark application within one month from the date of receipt of Keep Pending Notice.

Rectification Process

1

Rectification Application-TM- 5/O

Notice of Opposition has to be filed within four months from the date of publication of trademark in the Trademark Gazette/ Journal.

2

Counter Statement-TM-6/O

That the Counter Statement has to be filed within two months from that date of receipt of the Rectification Application.

3

Affidavit in Support of Opposition Under Rule 45

The Affidavit In Support of Opposition under Rule 45 has to be filed within two months from the date of receipt of Counter Statement.

4

Affidavit in Support of Application Under Rule 46

The Affidavit In Support of Application Uner Ruke 46 has to be filed within two months from the date of receipt of Affidavit in Support of Opposition Under Rule 45.

5

Affidavit in Reply by Opponent Under Rule 47

The Affidavit In Reply by Opponent under Rule 47 has to be filed within one month from the date of receipt of Affidavit in Support of Application under Rule 46.

6

Final Hearing & Decision

The learned Registrar of Trademark after the closure of evidences, shall give notices to the parties of the first date of hearing.

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