Stage 1: Formality Examination
The short answer: formality examination does not decide whether your mark can be registered — it only checks that the documents are complete and correct. If a deficiency notice arrives, it must be answered within 2 months of its date, or the application stalls and may be treated as withdrawn. What decides registrability is the next stage, substantive examination.
| What is checked | Common deficiencies |
|---|---|
| Applicant details | Company name differs from the business registration certificate; incomplete address (no floor or room) |
| Representation | Low resolution; the image does not match the written description; inconsistent colour claims |
| Goods and services | Wording too broad (for example just "goods"); items outside the class |
| Forms and fees | Outdated form version; number of classes does not match the fee paid |
Three steps after a deficiency notice
- Step 1 (within 1–3 days): go through every item in the notice and separate data errors from changes to the specification.
- Step 2 (within 2 months): file the corrections and supporting documents. Amending the specification affects the scope of protection, so decide deliberately.
- Step 3: once corrected, the application moves to substantive examination, where citations against earlier marks are dealt with.
Got a notice? We can review it About substantive examination
