What is Trademark Journal Publication
The process of trademark journal publication is a very important step in the trademark registration process. This comes after the objection step of the trademark application. If the application has not been objected or if it has overcome the objection, the trademark as presented in the application is published in the Indian Trade Marks Journal. The same is done by the Registrar of Trade Marks after a positive examination report from the examiner.
The advertisement of trademark in the trademark journal does not mean that the trademark has been registered. The trademark application, if it fulfils all the conditions or limitations of the application as per the guidelines of the Trade Marks Act, 1999, gets accepted by the Trademark Office. The office could order to even grant the status of “advertised before acceptance”. In this scenario, the trademark is published in the trademark journal.
Motives of Trademark Journal Publication
Every step of the trademark registration has some significance of its own. The main motives of trademark journal are listed as below:
The basic motive of publishing the Trademark Journal is to make the Trademark application public so that the people get the knowledge of all the content involved within the application. It also allows people to get knowledge about the trademark that are in line to be registered so that they could choose wisely before registering their own trademarks.
Invite public comments and oppositions:
If a person feels that his or her Intellectual Property Rights stand violated due to the stated privileges in the application, he or she can file an opposition within the given time period. It is important to note that the notice of opposition is filed within the given time frame after the publication of the journal. If the opportunity of filing the application is once lost, it is lost forever.
- If any objection to the trademark registration is not raised by any owner within a period of 4 months from the date of publication of the trademark, the same gets approved for registration as per the guidelines of Trade Marks Act 1999.
- If in case any opposition has been raised against the registration, then the latter matters would be sorted by filing counter statements and other procedural
- requirements as per Trade Marks Act 1999 and Rules thereunder. In this case, the trademark would either be approved or be rejected.
Details of Trademark Journal Publication
The trademark application is published in the Indian Trademark Journal along with the few details. The following are the details which are published in the journal:
- Trademark details
- Application Date
- Priority Claim (If any)
- Applicant’s address and other details
- Applicant’s agent’s details
- Applicant’s address for service
- Specification of the class of goods and services
- Statement of use of trademark
- Office of application
Information provided by the Trademark Journal Publication
The trademark Journal publication is done by the Head office of the Trademark Registry. The same is done every Monday. The one who wants to know about the publication can visit the Trademark Registrar Website. The Trademark Journal provides the following information :
- Notifications or any public notice as issued by the Head Office.
- Content about the “accepted” or the “advertised before accepted trademark application”.
- Re-advertisements of trademark application as per the orders of competent officer.
- Public Notices about the previously published trademark applications.
- A record of all registered, renewed, removed, withdrawn trademarks.
- Changes after the registrations including assignments or transmission.
- Regular updates through WHO about the international non-proprietary names.
- Other regular updates.
Trademark Journal Publication
Through this article, we aimed to educate our readers on the process of Trademark Journal Publication. We chose a component of a much larger topic (Trademark Registration Process), owing to its importance. Trademarks are an asset for a business. They are very important. However, the process for registering a Trademark is quite long and exhausting. If you want to register a Trademark, then reach out to us at Registration Arena. We help you with all business registrations and deal with the hassle so you don’t have to. We do your registrations so you can focus on your business.