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By Richard Gearhart
Founding Partner

If you’ve filed a trademark application with the United States Patent and Trademark Office (USPTO) and noticed the status “Formalities Chk Pass,” you might be wondering what that means. In short, it’s a good sign. It means your application has passed the USPTO’s initial review of basic filing requirements.

At this stage, the USPTO has checked to make sure your application includes the right elements—like fees, formatting, and required information. It’s not a decision on whether your trademark will be approved, but it does indicate that your application can move forward in the process. Think of it as the green light that allows the USPTO to begin its more detailed review.

The Role of the USPTO’s Initial Review

When you submit a trademark application, the USPTO conducts a preliminary check to ensure everything’s in order. This check focuses on basic formalities, not the substance of your trademark. Here’s what they typically review:

  • Whether the filing fee was paid
  • Whether the identification of goods and services is acceptable
  • Whether the application format meets USPTO requirements

If something’s missing or incorrect, the USPTO may issue a notice pointing out the problem. But if everything checks out, you’ll see the “Formalities Chk Pass” status. It’s the USPTO’s way of saying, “So far, so good—let’s keep going.”

What Comes After “Formalities Chk Pass”

Once your application passes the initial review, it gets assigned to a USPTO examining attorney. This is when the real evaluation begins. The examining attorney takes a closer look at the application to decide whether your trademark can be registered.

At this stage, the attorney reviews:

  • Whether your trademark is too similar to an existing one
  • Whether it describes the goods or services too plainly
  • Whether it fits the correct classification

The examining attorney may accept your application or issue an Office Action requesting changes or clarifications. This is common and not necessarily a reason to worry. In many cases, a well-written response can get things back on track.

Should You Be Concerned at This Stage?

If your application says “Formalities Chk Pass,” there’s no immediate reason for concern. It doesn’t require any action from you unless the USPTO later updates the status or reaches out directly.

This is a good time to stay alert and prepared. Keep an eye on your email and the TSDR system for updates. If you haven’t already, consider getting legal support to guide you through the next steps. The examination process can raise complex issues, and being prepared makes a difference.

When to Contact a Trademark Attorney

Even if your application is moving forward, there are points where working with a trademark attorney can be helpful. After “Formalities Chk Pass,” we often hear from applicants who run into questions or complications.

You may want to contact a trademark attorney if:

  • You receive an Office Action with legal or procedural issues
  • You’re unsure about your trademark’s likelihood of approval
  • You need to revise the description of your goods or services
  • You want peace of mind knowing your application is as strong as possible

At Gearhart Law, we help clients submit clear, well-prepared responses to USPTO concerns. We also help protect your trademark from potential challenges down the line. The earlier you bring in legal support, the smoother the process tends to be.

Next Steps in the Trademark Process

Seeing “Formalities Chk Pass” on your trademark application is a good step forward—but it’s just one part of the process. The USPTO will still need to review your mark in more detail before it’s approved or published. Check your status regularly using the TSDR system, and don’t hesitate to reach out for guidance. At Gearhart Law, we’ll help you move forward with confidence. If you’ve got questions or want support with your next step, contact us today—we’re ready to help.

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.