Trademark Journal and Publication

A Trademarks Application goes through several stages, one such stage is the publication in the Trademarks Journal. The TM Journal basically acts as the Official Gazette of the Trade Marks Registry. When a trademark is published in the Trademarks Journal, it basically communicates the intent for registration and also presents an opportunity for third parties to oppose the trademark registration.

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:

  1. 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.
  2. 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.

More on: Trademark Search

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'. 

More on: What is ‘Advertised before Acceptance’?

Where is the TM Journals Published? 

The Trade Mark Journal is available for free and is hosted weekly on IPIndia, the official website of the Government to handle matters of Intellectual Property. The Trademark Journals are published every Monday and are available for downloads.

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

Also Read: What is a Trademark Assignment?

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

Sample Advertisement in a Trademarks Journal

Steps after publishing in the TM Journal

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

1. 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.

More on Trademark Opposition

2. 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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