Advertisement Of Trademark Application

When a trademark application gets accepted by the trademark office, it is generally published in the journal as well as on the IPIndia website. The application can also be published before acceptance if the examiner is unsure about the distinctiveness of the mark.

Advertisement of a trademark application is a part of the trademark application process. Every application that is accepted by the trademark examiner is published in the journal and is available for any third party to oppose the registration.

The advertisement of the trademark application is only done when the examiner is satisfied that the trademark completes all the conditions laid down under trademark law.

Conditions for Acceptance of the Trademark

The trademark seeking registration needs to fulfil the following criteria for it to be published in the trademark journal

  • Distinctiveness

A mark without any distinctiveness is prima facie unregisterable. A distinctive mark is one where the trademark and the descriptive meaning of the mark should be direct, noticeable. The mark should not be vague and indirect it should relate to the products.

  • Uniqueness

The mark being registered should not be similar to any registered or applied trademark. The similarity with other marks would lead to objection on the application.

Advertisement of Trademark application under section 20 is only possible when an application for registration of a trademark has been accepted by a Registrar after he is satisfied that the applicant has complied with all the requirements laid down under section 18 of Trademarks Act.

Advertisement of a trademark application before or after its acceptance by the registrar is an opportunity given to the public to oppose the registration of the trademark which is a necessary rule.

Trademark application is advertised with the following details:-

  1. Details of the trademark
  2. Date of application
  3. Priority claim (if any)
  4. Details of the applicant with his address
  5. Class and specification of goods and services
NOTE: Soley because  a trademark is accepted and published in the trademark journal doesn't mean that the trademark will get registered

Once the trademark is advertised the trademark can be opposed by the third party; if no trademark opposition is filed against the mark the application gets accepted and the possibility of registration is very high.

"Acceptance of Trademark" simply implies that the Trademark Office is convinced about the chances of registrability of the trademark.

Obligation of Trademark Applicant

The trademark applicant has an obligation as per trademark law to send a letter of acceptance addressing the trademark examiner. Once the trademark is accepted after the examination and no objection is raised the applicant is supposed to send a written letter to the respective trademark office.

The practice is though not followed and the examiners do not expect written communication after the acceptance of the mark unless it has been opposed by the third party.

The trademark applicant also needs to be vigilant about any opposition against his mark immediately after the mark is published in the journal. As any mark that has been opposed and does not file a counterstatement with the office with the stipulated time period of 2 months will be considered abandoned.

 

 


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