Trademark Formality Check Fail
Resolve Your Trademark Formality Check Fail Today
Updated on October 07, 2025 05:15:27 PM
Trademark Formality Check Fail is a common problem that candidates come across when seeking trademark registration. This status means that the details provided in the application or on the documents and other information filed alongside do not align with the Trademark Rules as provided. Failure in the Trademark Formality Check could be due to the wrong details provided by the applicants, missing documents or documents that are not in the correct format.
At this stage, the cause for the objection must be ascertained by the individual and proper action must be taken for the application to move forward for registration. Make sure that the Reply to the trademark formality check fail must be filed within 1 month from the date of the notice received. Since trademark registration is necessary for safeguarding the brand image, this problem should be addressed as soon as possible. In this guide, we will explain what Trademark Formality Check failure is, why it happens, and how one can go about fixing it properly.
Trademark Formality Check Fail Notice
A trademark formality check is an assessment that is conducted by the registrar whereby he goes through the details, information, and documents filed by the applicant for the purpose of. It checks that all formalities needed are completed before moving to the next realm. The trademark examination occurs after the Vienna codification, where the registrar tries to understand the gaps and problematic aspects of the application at hand. If this check is not passed by the applicant then the applicant needs to correct them before proceeding further in the registration process.
If your trademark application faces a formality check failure, follow these steps to rectify the issue and ensure smooth resubmission for further processing:
There is no separate government fee for the formality check itself. However, the applicable trademark application fees are as follows:
| Applicant Type | TM Govt. Fees per Class | TM Professional Fees | Total Fees |
|---|---|---|---|
| Individual | ₹4,500 | ₹1,499 | ₹5,999 |
| Micro/Small Entity (MSME/Startup India Registered) | ₹4,500 | ₹1,499 | ₹5,999 |
| Medium/Large Company | ₹9,000 | ₹1,499 | ₹10,499 |
There can be various reasons that may cause your Trademark application to fail in the formality check. Some of the most common reasons are:
If your trademark (TM) application status is "Formality Check Fail", it means that the application did not meet the basic filing requirements during the initial scrutiny by the Trademark Registry. Here’s what you should do:
The best practices below do not guarantee that the Trademark application would pass the formality check but following them would increase the probability of passing the formality check in an efficient manner.
A Trademark Formality Check Fail is a situation in which the application under filing does not meet the standards that have been laid down by a Trademark Registry. Potential problems may concern providing wrong details, not submitting some documents, or having them in the wrong format. Applicants have 30 days to reply using Form TM-M, and failure to do so is an abandonment of the proceeding. Professional Utilities assists with reviewing the objections and drafting relevant responses to the applications, thus easing the various processes of passing through the application stage. If a Formality Check Fail occurs when filing the application, applicants should act effectively to avoid delays and to save their brand image, which can help in achieving trademark registration with ease without hurdles.
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A trademark formality check is an assessment that is conducted by the registrar whereby he goes through the details, information, and documents filed by the applicant for the purpose of.
If the reply is not filed within the specified time period then the Trademark application gets rejected and the registrar marks the application as “ABANDONED”.
The duration for the Formalities Check Pass status usually lasts between 6 to 8 business days. If the mark does not pass verification, the application status will update to "Formalities chk fail." At this point, the applicant needs to submit a response to address the inquiry raised during the check.
In the event that the registration is denied, the applicant has the ultimate choice of appealing to the Intellectual Property Appellate Board (referred to as IPAB). An appeal to the IPAB must be submitted within three months from the date the registrar issues the refusal order.
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