Generally Accepting and Advertising of a trademark application before or after its acceptance by the Trademark Officer is an opportunity given to the public to oppose the registration of the trademark which is pretty necessary to rule under the Trademark Act. When an application for the trademark is being accepted by the Registrar, the Registrar will proceed only after advertising the accepted application in the Trademark Journal.
This article will disclose the advertisement of the trademark application in the trademark journal in detail.
While processing your trademark application and before advertisement in the trademark journal, the registrar will decide whether it has to be advertised before or after accepting the trademark application.
Some trademark applications can be advertised even before being accepted by the Registrar. In a few cases, the trademark application status will also represent as “Advertised Before Acceptance” when it’s application number is put out for a trademark search.
Details published in the Trademark Journal:
- Application number
- Date of filing
- Names of all applicants
- Reproduction for the actual mark as it is being applied for
- Registrations of the specific goods and services will also depend on the class
- Conditions and limitations of the application which can get accepted
- The Application numbers or trademark numbers to which the specific mark is also associated
- The office is where the application has been filed
Advertisement of the mark Before Acceptance
The Trademark Registrar is empowered to advertise an application even before it is accepted in certain cases. According to the Trademark manual, the provision for advertisement before acceptance, as the law itself enacts, should be invoked in “exceptional circumstances”. Where the Officer concerned finds strong evidence of Bonafede commercial adoption and use of the mark.
Only a very small number of the trademark application which has been filed get published in the Trademark Journal before official acceptance by the Trademark Register. Sometimes, the department publishes the applied mark in the Trademark Journal only after it has been accepted by the Registrar.
Publishing the Journal Online
Nowadays the Trademark Journal is published online on the IP India website. The Trademark Act has special provisions that enable the trademark journals to get published on the internet or in any other electronic media format. Any sort of trademark advertisement in the journal if it is put on the Internet or in paper form after the date of the publication of trademark,
which will be considered to have been advertised. The date in the journal is considered as the date of publication for many purposes, most importantly for the purpose to determine the specific period of filing a notice of trademark opposition for any of the published marks. According to the Trademark Act, after a mark has been published in the trademark journal, the public gets a period of 3 months to file an opposition to the mark.
Anyone can file an opposition, but genuine reasoning must be given when brought to the hearing. The trademark registry will also exclusively notify the date on the internet when the public has received the advertisement for the purpose of opposition. The issue of the Trademark journals is also available in the form of CD-ROM and this could be received by the public by paying a fee as mentioned in the Journal itself. This CD-ROM also has the date in which the journal has been made public.
Defects in Advertising
The purpose of advertising in a trademark journal is basically to provide complete information about the advertised trademark so that the public will also get all the information about that particular trademark which is going to be used by a person or company.
But when an advertisement has failed to acquire it’s placed in this or gives incorrect information about the trademark, then the public will have all the right to file an effective opposition. This will leads to the cancellation of the advertisement or be subjected to re-advertisement in the trademark journal which would require the granting of the trademark registration certificate.