Trademark Journal Publications
CONTENTS OF TRADEMARK JOURNAL
The trademark journal is published every Monday by the Head Office of the Trademark Registry. It can also be accessed for free online from the IP India website. The trademark journals contain the following information:
- Public notifications and notices issued by the office, if any
- Trademark applications accepted or ordered to be advertised before acceptance
- Re-advertisements of trademark applications ordered by a competent officer
- Further notification or corrigenda of earlier published applications
- List of trademarks that are removed, registered, renewed, withdrawn, etc.
- Post trademark registration changes, including transmission/assignments recorded
- International non-proprietary names published by WHO from time to time
- Any other information considered necessary to be published from time to time
TRADEMARK JOURNAL PUBLICATION
Trademark journal publication is a significant step in the registration of a trademark. It comes after the stage of acceptance of the trademark application by the Registrar. When the trademark examiner does not object to a trademark application in the examination report, the trademark is published in the trademark journal. When there is no objection or the trademark owner has overcome the objection, the Registrar will advertise the trademark in the trademark journal.
However, an advertisement or publication of a trademark in the trademark journal will not result in trademark registration. The aim of publication of a trademark application in the trademark journal is to give the public a chance to raise a trademark opposition. The publication of a trademark is meant to invite public comments and opposition from the public and trademark owners in India.
TRADEMARK ADVERTISEMENT IN TRADEMARK JOURNAL
A trademark application published in the trademark journal will contain the following details relating to the trademark:
- Trademark proposed to be registered
- Priority claim (if any)
- Date of application
- Details of the applicant
- Applicant’s address for service, including agent details
- Class and specification of goods or services
- Statement as to use of the trademark
- Appropriate trademark office
OPPOSITION TO ADVERTISEMENT IN TRADEMARK JOURNAL
A trademark published in the trademark journal should be opposed within three months (or four months in some cases) from the date of publication or re-advertisement. Any person can raise opposition to the trademark application by giving a notice of opposition to the Registrar. When no objection is raised for a trademark published in the trademark journal and the time for raising an opposition has expired, the Registrar will proceed to register the trademark and grant the registration certificate.
When a person raises opposition, the Registrar will hear such opposition and counter-statement filed by the trademark owner and decide whether to accept or reject the registration of the published trademark. After the opposition proceedings, if the Registrar decides to accept the trademark registration, he/she will grant the registration to the trademark owner.
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.
