Introduction

From the moment an application is submitted, there are several legal and procedural steps involved in the trademark registration procedure in India. The "Formality Check," a preliminary review of the application by the Trademark Registry, is one of the first and most important processes. Two possible statuses—"Formality Check Pass" and "Formality Check Fail"—reflect the outcome of this screening. Although applicants frequently misunderstand these statuses, they are crucial in deciding whether a trademark application will move forward with inspection or need to be corrected.

Anyone involved in trademark filing needs to know what these statuses indicate, what causes them, and how to handle problems resulting from a failed check.

The Formality Check Stage: What Is It?

A trademark application goes through an administrative screening procedure after being submitted online or in person at the relevant Trademark Registry office. The formality check stage is what this is called. It is an assessment to make sure the application satisfies fundamental procedural and documentary requirements rather than a legal evaluation of the mark itself.

Among the important factors examined in this check are:

·       Application form filled out correctly (TM-A)

·       Choosing the right class based on the NICE Classification

·       accurate applicant information (name, address, and kind of legal entity)

·       Power of Attorney (if submitted via a lawyer or agent)

·       Verification of fee payment

·       Appropriate representations of the trademark (especially in case of logos)

·       Supporting documents (e.g., user affidavit if claiming prior use)

·       Representations of the trademark that are appropriate (particularly for logos)

·       supporting documentation (such as a user affidavit in the event that prior use is claimed)

"Formality Check Pass" is the updated status if all prerequisites are satisfied. The status is changed to "Formality Check Fail" if any deficiencies are discovered.

The Significance of a Formality Check Pass

The application has successfully completed this preliminary administrative screening and is now qualified for the Registrar's substantive review, as shown by the status "Formality Check Pass." It implies that:

·       The format, structure, cost, and necessary paperwork are all in order.

·       Under the Trade Marks Act of 1999, the application will now be given to an examiner for a thorough assessment based on both absolute and relative criteria.

·       The applicant does not need to take any action right now.

 This status is encouraging since it shows that the trademark application is moving through the first registration phase without any problems. "Marked for Exam" or "Send to Vienna Codification" (for logo marks) is often the next status update.

To know more about this you can follow the link below:

What Happens When a Formality Check Fails

A deficit in the application, usually caused by missing or inaccurate information or papers, is shown when the status reads "Formality Check Fail." Typical explanations include:

·       Inaccurate or lacking applicant information to submit the Power of Attorney (Form TM-48) as needed

·       misrepresentation of a trademark (e.g., image not uploaded for logo marks)
Inaccurate or absent product or service description or class number

·       Failure to pay or insufficient payment of the official fee

·       If the application alleges prior use, the affidavit for the use claim is missing.

This status just indicates that the Registry cannot move further until the applicant corrects the mistakes or answers suitably; it does not imply that the application has been denied.

How to Fix a Failure in the Formality Check

In the event that your application is identified as "Formality Check Fail," you should take prompt, precise action. What to do is as follows:

·       Examine the Comprehensive Error Message:

-Go to the IP India portal and examine the specific cause or causes of the failure.
-Under Rule 10 or Rule 11 of the Trade Marks Rules, 2017, a formal notification may occasionally be given.

·       Make the Deficiencies Right:

-File the necessary form or document as soon as possible if the problem is documented (such as a missing TM-48).

-File a Form TM-M for correction or amendment if the problem is clerical (for example, the incorrect class number).

·       Prompt response:

-The Registry may give a specified amount of time—typically 30 days—to address     the problem.

-Under Rule 11(4), the application may be deemed abandoned if nothing is done within the allotted time.

·       Re-filing as a final option: Instead of attempting to make changes, it could be preferable to resubmit the application if the error is significant or irreversible.

Legal Framework Governing the Formality Check

The legal basis for the formality check process lies in the following provisions:

• Rule 10 of the Trade Marks Rules, 2017: Outlines requirements for proper filing and documents.
• Rule 11: Provides for examination of formalities and handling deficiencies.
• Section 18 of the Trade Marks Act, 1999: Governs the filing and processing of trademark applications.

While the formality check is not a substantive examination, failure to pass this stage can lead to delays or even abandonment if not addressed in time.

Common Mistakes Leading to Failure

Many “Formality Check Fail” statuses arise from avoidable oversights. Here are some frequent mistakes:

• Uploading wrong or low-resolution logo images
• Filing in the wrong class or describing goods/services vaguely
• Submitting an application without signing or digitally signing the form
• Not attaching the user affidavit when claiming “proposed to be used since” a specific date
• Entering incorrect address or legal status (e.g., showing a sole proprietorship as a private limited company)

Applicants can avoid such issues by carefully reviewing the application before submission and using professional assistance if needed.

Practical Tips for Applicants

1. Double-check before filing – Ensure all required fields and documents are complete.
2. Use standard templates – For affidavits, TM-48, and logos to avoid formatting errors.
3. Track your application – Regularly check status updates on the IP India portal.
4. Consult a professional – For business-critical marks, legal expertise can save time and cost.

Conclusion

Understanding the trademark statuses “Formality Check Pass” and “Formality Check Fail” is essential for ensuring a seamless registration process. A “Pass” status confirms that the application meets all basic requirements and is ready for examination, while a “Fail” indicates that action is needed to rectify procedural issues. Ignoring or mishandling a failed status can result in unnecessary delays or even abandonment of the application. By staying informed, promptly addressing deficiencies, and seeking professional guidance, when necessary, applicants can successfully navigate this foundational stage and move their trademarks closer to registration under Indian law.

Author: Bhavpreet Singh Soni

Co Author - Hritika Malhotra