In the trademark registration process, “Formality Check Fail” is an early-stage status indicating that the Registrar has found errors or deficiencies in your application. Let’s break this down
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Auriga Accounting has a team of registration experts who can provide complete guidance to register your Trademark Formality Check Failed.
Our team of experts will get in touch with you and collect all necessary documents and details
We fill out and file your application for Tradmark Registration
Ready Your Trademark Formality Check Failed
At this stage, the Trademark Registrar conducts a preliminary review to verify:
Your application reaches “Formality Check Pass” status when:
1.No Deficiencies Found: The initial application is correct and complete.
2.Successful Reply: You respond to the “Formality Check Fail” notice with valid corrections, and the Registrar accepts it.
Once marked “Formality Check Pass,” your application moves forward to the next stage — typically substantive examination.
If your application status shows “Formality Check Fail,” you must take action within 30 days of receiving the notice. Here’s what to do:
1.Review the notice — Understand what went wrong (missing details, wrong class, incorrect documents, etc.).
2.Prepare a reply — Draft a formal response addressing the issue(s).
3.Make corrections — Update the application with the right information and resubmit.
When filing a trademark application, accuracy is key. Any mistake or oversight can lead to the status “Formality Check Fail.” Let’s explore the most common reasons for this and how to avoid them:
Choosing the correct category for your application is essential. The four main categories are:
Mistake: If you select the wrong category, your application may be flagged as “Formality Check Fail.”
There are 45 trademark classes covering all goods and services. Selecting the right class during the application is crucial.
Mistake: If the wrong class is chosen, the application becomes invalid and gets marked “Formality Check Fail.”
Tip: Conduct a thorough class search to ensure your product or service falls under the correct category.
The description of goods or services must align with the selected class.
Mistake: If the description doesn’t match the class, the application may fail the formality check.
Tip: Ensure the description is clear, concise, and corresponds to the correct class.
Essential documents must be attached correctly. These include:
Mistake: Corrupted, unreadable, or missing files can lead to failure status.
Tip: Double-check document quality and format before submission.
Every detail must be filled accurately — from applicant name and address to translations (if applicable).
Mistake: Mismatched names, addresses, or translations result in a “Formality Check Fail” notice.
Tip: Ensure all details match across documents, especially for non-English or non-Hindi brand names.
If your logo and brand name are inconsistent or the text in the logo doesn’t match the brand name, the application may fail.
Tip: Ensure the logo and brand name complement each other and are consistent across the application.
7. Receiving a “Formality Check Fail” Notice: If your application is marked “Formality Check Fail,” the Ministry will issue a notice explaining the reason. Here’s what to do:
1.File a reply within 30 days from the notice date.
2.Submit corrections through the “Miscellaneous Reply” tab, selecting “Reply to Formality Check (MIS-F)” and providing the application number.
3. If the notice mentions “TM-M,” submit the form accordingly.
The trademark registration process involves several critical stages. Let’s break it down step by step:
‘Formality Check Fail’ is a status that indicates the Trademark Registrar has reviewed the application for basic errors or missing documents. If any discrepancies are found, the application is marked as ‘formality check fail’ — halting the process until the issues are corrected.
If the applicant doesn’t respond to the notice within the stipulated time (usually 30 days), the application may be rejected or abandoned. To avoid this, applicants must regularly monitor their trademark status online.
Here’s a breakdown of what can trigger this status:
1️. Incorrect Applicant Details: Choosing the correct category is crucial. Trademark applications in India fall under four categories:
Example:
For sole proprietors, the format should be:
“ABC trading as XYZ House” — where ABC is the individual’s name and XYZ House is the business name.
Mistakes in category selection or proprietor details can cause a formalities check failure.
2️. Wrong Trademark Class Selection: India follows the NICE Classification system, dividing goods and services into 45 classes.
If the product or service is filed under the wrong class, the application will fail the formalities check.
3️. Inaccurate Product/Service Descriptions: The description must match the chosen class. A mismatch between the description and the class (e.g., listing clothing under a technology-related class) can result in a formalities check fail notice, prompting an amendment request.
4️. Incomplete or Missing Documents: Key documents required for trademark registration include:
Tip: Corrupted or unreadable documents can also trigger a formalities check fail. Ensure all files are uploaded in a clear, accessible format.
5️. Incorrect or Mismatched Information: All details must align perfectly with supporting documents:
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