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The trademark application is screened by the Trademarks Examiner on its compliance with the formal requirements, as well as substantive features and characteristics as mentioned under the Trademarks Act, 1999. Once the Examiner is satisfied with the validity of the mark it is published in the Trademarks Journal.

It is important to note that advertisement in the trademark journal does guarantee registration of the mark. It simply means that the Examination Officer feels that the mark has satisfied the basic requirements under the Trademarks Act.

Purpose of a Trademarks Journal

Publication in the Trademarks journal is done for the following reasons:

  • To provide a mechanism and opportunity for other trademark proprietors, either in the same or different fields of business, who might face a conflict of interest from the new mark.
  • To act as the basis for the prior search. An applicant can use the Trademark journals to check if identical or similar marks already exist.
  • When Trademark is Published in Journal

    If a trademark application has been accepted by the Trademark Office, absolutely or subject to conditions or limitations or it is even ordered to be advertised before acceptance, the trademark application is advertised in the trademark journal. Advertisement of a trademark in the trademark journal does not mean the mark is registered. However, publication of a trademark application in the trademark journal provides the public a chance to raise a trademark opposition, if necessary.

    When is Trademark published in Trademarks Journal?

    An application for registration of a trademark shall be advertised in the Indian Trade Marks Journal (along with conditions or limitations, where applicable). Section 20 of The Trade Marks Act, 1999 states that:

    Every accepted application shall be advertised in the Trade Mark Journal within six months of the acceptance of an application for registration.

    The application is published in the Trademark Journal:

  • After having been accepted by the Examiner absolutely or on a conditional basis (subject to limitations/restrictions). This status of the trademark application is known as 'Accepted and Advertised'.
  • The trademark application may be ordered to be advertised even before acceptance if it pertains to a trademark falling under sections 9 (1), 11(1) and 11 (2) or under extraordinary circumstances where it would be beneficial and prudent for the application to be so advertised. This status of the trademark application is known as 'Advertised before Acceptance'.
  • What information can you find in The Trade Mark Journal?

    The Journal contains some useful information, these include:

  • Trademark applications that have been accepted by the Examiner
  • Marks that have been ordered to be advertised before acceptance
  • Any important public notifications
  • A list of trademarks that were renewed, registered, removed or withdrawn and any other post-registration changes
  • Post registration changes recorded (assignment/transmission)
  • International non-proprietary names as mentioned by the WIPO or WHO
  • What details are mentioned in the Trademarks Journal?

    Particulars that need to be mentioned in the advertisement of application in the trademark journal are as given below:

  • Details of the trademark (name, image, description/nature, what class of goods or services it represents)
  • Date of application
  • Priority claim (if applicable)
  • The applicant’s details (name, address, what party type he belongs to)
  • The applicant’s service details including his agent’s particulars
  • Statement as to the use of the trademark
  • Appropriate Office for registration of the trademark
  • Steps after publishing in the TM Journal

    When a mark is published in the TM Journal, two possibilities can occur.

    Facing TM Opposition

    When a mark is published in the Trademarks Journal, it presents an opportunity for third parties to file an opposition against the registration of the new mark, should there be a conflict of interest. Grounds for opposition may be varied, such as absolute grounds, relative grounds, etc.

  • In accordance with The Trade Marks Rules, notice of opposition to the registration of a trademark shall be given within three months or within such further period not exceeding one month in the aggregate from the date the Journal is made available to the public. This time period is non-extendable.
  • In case the applicant receives a notice of opposition, it shall include a statement of the grounds upon which the opponent objects to the registration.
  • A copy of the notice of opposition shall be ordinarily served by the Registrar to the applicants within three months of the receipt of the same by the appropriate office and he is required to file his counter statement within two months from the date of receipt of such Notice.
  • No Case of TM Opposition

    Once the published trademark as survived a period of 3 months without any opposition, it will proceed for registration and the TM Registry will issue the trademark registration certificate.

    For further more information related to trademark registrationform, the procedure of registering a trademark, documents required for trademark registration, you can call us at 8788091087. Our experts are available here to advise you the best in the matter of register logo. You can also send your query on Email: info@herambindia.com. Visit our website: www.herambindia.com and through the Trademark search, you can protect yourself from the matter of Trademark infringement.

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    21 July, 2018

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