What is Formality Check Fail in Trademark?

There are different stages where a trademark application might get stuck. One of it is 'Formality Check Fail' which happens when any document is missing in the trademark application.

Trademark is a part of Intellectual Property which represents a company or business. It can be a name, logo, symbol or even a device and is used to identify the products or services associated with it. Trademark registration is a long process and undergoes different levels of examination by the registrar.

The application status can be tracked online so that a timely action can be taken if the case be. At times, the status of the application displays as ‘’Formality Check Fail’’.

What exactly does this mean?

This article will guide you through its meaning and the process to tackle the same.

What is Trademark Status?

The trademark registry reviews every trademark application which makes sure there are no similarities with any other trademark. Trademark status is the different stages in the application process of a trademark. The status changes as the application advance different examinations.

Formalities Chk fail

One of the stages of a trademark application is Formality check fail which is the initial stage of the application wherein the registrar examines whether the documents attached with the application are up-to-date or not.

In case any of the documents are incorrect or the application is filed in the wrong class then the status changes to formality check fail. It can also happen if there is no translation for trademarks that are not in English/Hindi.

formality check fail sample

In such a situation an examination report is issued to the applicant to which he/she has to reply explaining the same.

Unless the applicant replies to the report, the status of his/her applicant will not change. Once it is changed, it comes to Formalities Chk Pass trademark status.


There are no constraints to respond to the status - formality checks fail as in the case of objection or opposition, however, the sooner you will reply, the registration will process accordingly.

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