What is Formality Check Pass/Fail in Trademark Applications?

A trademark is a unique name, logo, label, symbol, or combination thereof that differentiates the products or services of one company from another. Along with legal protection in the market, it is a crucial tool for consumer recognition and brand identification. Any company that submits a trademark application to the Indian trademark office goes through a few bureaucratic procedures before ultimate registration. One of the most important steps in a trademark application is a formality check, during which the Trademark Registry determines whether the application satisfies all requirements—documents, information, classification, and statutory standards included. Following this initial assessment, the application status can be set as Formality Check Pass or Formality Check Fail. Frequent review of the status of a trademark application helps candidates early detect mistakes, remedy them, and ensure a straight course toward review and eventual registration.

What is the Formality Check Pass / Fail In Trademark Applications?

The first degree of examination undertaken by the Trademark Registry in the process of trademark registration in India, which starts right after an application has been submitted. The primary objective of this check is to ensure that all basic procedural, documentary, and statutory requirements have been sufficiently met. This does not consider the distinctiveness or registrability of the trademark but merely checks whether the application is complete as far as its format is concerned.

A positive Formality Check reflects that, according to the Registry, there are no errors in the application’s form, applicant details, classification, supporting documents, signatures, and fee payment. Once this stage is successfully passed, the application proceeds to the examination stage, where substantial legal consideration commences.

On the other hand, a Formality Check Fail occurs when the application has deficiencies like incorrect information about the applicant, a missing Power of Attorney (TM-48), unclear representation of the trademark, incorrect selection of class, a missing user affidavit, defective documents, or inconsistencies in fee payments. Where such a situation occurs, the Registry sends out a Formality Check Fail Notice, compelling the applicant to correct such deficiencies within a specific period of time, usually 30 days.

Where the applicant satisfactorily addresses all issues, the application is considered reinstated and resumes its course in the process. Where there is failure to do so within the time required, or where improper amendments are made, an application may be abandoned.

Reasons for Formality Check Failure in Trademark Applications

A trademark application undergoes a formality check to ensure that all procedural and documentary requirements have been met. Many applications fail this initial check because of errors that could have been avoided.

1. Applicant Details

• Errors in the applicant’s name; spelling errors, missing or incomplete address, or discrepancies between applicant information and supporting documents
• Inaccurate Indication of legal status, such as individual, partnership, LLP, Company, etc.

2. Defective or missing TM-48 / Power of Attorney

• TM-48 not signed, improperly signed, undated, or containing inconsistent details.
• Inadequate or inaccurate advocate or agent details.

3. Wrong or Incomplete Classification

• Selection of incorrect trademark class(es).
• Goods/services that are not applicable to the selected class should not be included.
• Very general descriptions of a nature that the Registry would not accept.

4. Poor or Incorrect Representation of the Trademark

• Low-resolution, fuzzy, hazy, or otherwise indistinct logo images.
• The device/logo mark is uploaded in an incorrect format or does not match the mark as identified in the affidavit or documents.
• Sound, colour, or shape marks submitted without the appropriate representation format.

5. Poor User Claims

• User affidavits are absent when a prior use date is asserted.
• Evidence of use not included or improperly prepared.
• Improper or inconsistent date of first use.

6. Fee-Related Issues

• The fee has been paid incorrectly regarding the applicant category: individual/start-up/MSME/others.
• Incomplete payments or failed transactions.

7. Absence of Required Documents

• Partnership deeds, incorporation certificates, MSME certificates, or authorisation letters are not available when required.
• The applicant’s failure to provide translations/transliterations for marks in languages other than English/Hindi.

8. Use of Prohibited or Restricted Elements

• Marks comprising national symbols, religious sentiments, obscene or prohibited expressions.

9. Technical or Filing Errors

• Invalid format of attachments.
• Incomplete fields, errors in typing, or uploading the wrong files.

How to Fix Formality Check Failure for Trademark Applications?

Failure of a trademark application in India at the Formality Check Stage is an indication that the Trademark Registry has identified some errors, deficiencies, or incomplete information that bars the application from reaching the Examination Stage. Rectification of formalities on time ensures that your application smoothly proceeds to the Examination Stage, reducing the probability of longer delays and abandonment.

1. Identify the Reason for Failure

First, one has to determine the reason behind the formalities failure. These are some common ones:

• Applicant information which is incorrect
• Incorrect classification of goods/services
• Incomplete address or contact information
• Improper power of attorney – TM-48
• Poorly legible or low-quality trademark image
• Wrong fees paid
• Missing signatures or incorrect document formats

You can check the status and error details at:

• IP India website → Trade Marks → Status Check
• The “Formalities Check Fail” tab often states specifically what the discrepancy is.

2. Formality Check Report Review (If Available)

Sometimes, a communication will be sent by the Registry indicating a deficiency. This should be carefully reviewed to understand:

• Missing documents
• Necessary corrections
• Deadlines for compliance

If the report is not available online, contact your agent or write to the registry for an explanation.

3. Prepare and File the Required Documents

Based on the identified error, compile the missing or corrected documents. Common submissions include:

• Properly executed TM-48 (Power of Attorney)
• User affidavit corrected, if claiming prior use
• Trademark image in high resolution (8 cm × 8 cm recommended)
• Identity proof or address proof of the applicant
• Applicant name corrected, such as Pvt Ltd instead of Proprietorship Class, specification, or goods/services description updated
• Ensure all documents are properly signed and dated.

4. TM-M Submission of Formality Check Compliance Request

The correct course of action in case of a Formality Check Failure is filing Form TM-M along with the prescribed fee. In TM-M:

• Choose the option that relates to “correction”, “amendment”, or “miscellaneous request.”
• Attach the amended documents.
• Trademark application number to be indicated.
• Give a full explanation of the corrections made.

5. Clarify in the Representation Sheet (if necessary)

If the issue is one of appearance, class, or type:

• A representation sheet as revised, in Form TM-A format.
• Check that the information is uniform throughout the documents.

6. Regularly Monitor Status

After submitting TM-M:

• Check the application status weekly.
• Status should change to “Formality Check Pass” once verified.

If there is no update within 30–45 days, follow up using:

• Email to the relevant registry office
• Filing a grievance on the IP India Public Grievance System

7. Look for Professional or Legal Guidance for Difficult Errors

To avoid future rejections, one should seek advice from a trademark lawyer on issues like mistaken proprietorship structure, wrong class, or any other revisions pertaining to prior-use claims.

Tips to Avoid Formality Check Failure

While a fail denotes correction needed in order to move on without lag or abandonment, a pass status lets an application smoothly progress into testing. Applicants may lower their failure risk by making sure their information is accurate, they have the right paperwork, and their classification is proper.

1. Choose the Correct Applicant Information

Verify:

• The name, address, and legal status of the applicant,
• Whether an individual, proprietorship, partnership, company, LLP, trust, etc.
• In case of companies/LLPs, incorporation details should be checked from the MCA register.

2. Select the Correct Trademark Class(es)

• Follow strictly the Nice Classification system.
• Identify all relevant goods/services and avoid very broad or incorrect classes that may cause formality check failures.

3. Clearly Show the Mark for Which the Application is Being Made

• Upload a high-resolution image if it is a device/logo mark.
• Avoid images that are blurred, pixelated, or not properly sized.
• Make sure the submitted mark is the same as that used in all documents related to it.

4. Accuracy in Description of Goods/Services

• Provide a description that is clear, specific, and acceptable.
• Avoid using vague or overly broad terms, which may not be permitted.

5. Submit Appropriate Supporting Documents

• If the user’s date is claimed, include a valid and dated affidavit from the user, including clear evidence.
• In cases of joint applicants, partnerships, or companies, provide authorization documents where applicable.

6. Verify Power of Attorney / TM-48

• TM-48 shall be signed and dated properly and must exactly correspond to the Applicant information.
• Verify that the attorney’s information is accurate.

7. Check for Prohibited or Offensive Content

Avoid marks with obscene marks, religiously sensitive words, national symbols or any other restricted elements which may be the grounds for rejection.

8. Verify Payment & Filing Completeness

• Verify the correct government fee based on the applicant type (individual/start-up/others).
• Double-check that no mandatory fields are left unfilled.

Conclusion

The formality check is a very important pass or fail stage that makes sure each application meets the basic requirements of procedure and documentation. In India, at the Formality Check Stage, the failure of a trademark application shows that the Trademark Registry has discovered errors, flaws, or incomplete information preventing the application from entering the Examination Stage. To prevent abandonment, such flaws in an application have to be fixed at once. Correcting the processes on time guarantees that your application will go on to the Examination Stage without hitches and lowers the likelihood of more delays and abandonment.