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In the context of trademarks, a "formalities check pass" typically refers to a stage in the trademark application process where the trademark office examines the application for compliance with formal requirements. This check ensures that the application contains all the necessary information and documentation as required by the trademark office's rules and regulations.
During the formalities check, the trademark office reviews the application to ensure that it meets certain administrative criteria. These criteria may include:
1. Correct completion of application forms: The applicant TM-A must fill out the trademark application forms accurately and provide all the required information, such as the applicant's details, the mark itself, and the goods or services associated with the mark.
2. Payment of fees 4500/-: The applicant must pay the 4500/- application fees on TM-A as specified by the trademark office.
3. Proper representation of the mark: The mark should be presented in a suitable format, such as a graphical representation or a description, depending on the requirements of the trademark office.
4. Classification of goods/services: The applicant should correctly identify and classify the goods or services associated with the mark according to the appropriate trademark classification system.
5. Compliance with formal regulations: The application should meet any additional formal requirements set by the trademark office, such as the submission of a power of attorney, translation of documents (if required), or any specific filing procedures.
If the trademark application passes the formalities check, it means that the application meets the initial administrative requirements set by the trademark office. Once the formalities check is successfully completed, the application will proceed to the substantive examination stage, where the trademark office will assess the registrability of the mark itself, including factors such as distinctiveness, similarity to existing marks, and potential conflicts.