WHAT IS A TRADEMARKS JOURNAL?
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:
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:
What information can you find in The Trade Mark Journal?
The Journal contains some useful information, these include:
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:
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.
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.
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