This is a very simple and preliminary stage wherein the Trademark Office asserts that all the formalities required to be observed while filing a trademark application have successfully been observed by the applicant and the application would soon proceed to the next level. The formalities here might imply submission of appropriate information or documents like Power of Attorney. If the status shows “formality check fail,” it naturally implies that there is some deficiency in observing the formalities, in which case, it is better to check with the Trademark Office as soon as possible to determine what is required, to fulfill the deficiency and proceed to the next level. There is no prescribed time frame in any of the above scenario. Where the status is “formality check pass,” one has to await the natural progress to the next stage which, currently, is seldom delayed.

SENT BACK TO EDP

EDP, as most of you would be aware, stands for ‘Electronic data Processing.’ In the recent years, the Trademark Office has been striving hard to go the techie way with digitization of records aiming at transparency and automation. Hence when applications are filed, the Trademark Office, broadly speaking, would, sort all applications received, sent them to the EDP section for scanning, uploading and data entry after which the actual legal procedure (like examination, advertisement) begins. Hence when a particular application is still with the EDP section, this status might be reflected in the Indian Trademark Office website. Many a time, the Trademark Office realizes that there are certain errors in data entry/processing with respect to a particular application and in such a case, the particular application finds its way back to the EDP section and the online status of that application reflects “sent back to EDP.”

There is no set time frame during which an application lies with the EDP section. On the same note, it is not an alarming status wherein the applicant of that particular application is bound to take some action, for, once the data entry/processing is completed, the application automatically progresses to the next step, examination. But at times, an application might remain stagnated with EDP for a considerable time and in such cases, the applicant might,approach the Trademark Office to check on it. But such a need seldom arises these days with the Trademark Office being quite efficient in its operations.

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