All the trademarks registered in India are published in a trademark journal. But where do you find a trademark journal? This article will help you know how to find a journal.
When a user applies for a trademark, even if it is accepted by the Trademark Office, absolutely or subject to conditions or limitations, or is ordered to be advertised before acceptance, the application is advertised in the trademark journal. However, an advertisement in the trademark does not mean that the trademark is registered.
This publication of a trademark in the official journal is meant for inviting any public comments, and opposition from owners of all registered and filed trademarks located in India.
Any Trademark objection to the registration of the proposed trademark within a maximum period of 90 days from the date of publication of the trademark application. If there is no objection or the objection is dealt with, then the trademark gets the final approval from the government for a proper registration within the Indian jurisdiction.
Hence, the publication of a Trademark application in the journal provides the public a chance to object or oppose a trademark application, if needed.
What All Details Are Mentioned in the Trademark Journal?
- All details of the trademark
- Date of application of the trademark
- Priority claims, if any
- Applicant details with address
- Applicant’s agent’s address for service
- Details of goods and services, their class and specifications
- A statement for the use of the trademark
- Any Public Notices and notifications issued by the trademark office
- Trademark applications that are accepted or are ordered to be advertised before acceptance.
- If a competent officer orders any re-advertisements of applications.
- Any further notification in respect of an application published earlier
- A list of all trademarks, including the ones registered, renewed, removed, withdrawn, etc.
- Any changes made post-registration including any assignment or transmission.
- All non -proprietary international names as published by WHO from time to time.
- Other necessary information to be published from time to time.
The Importance of a Trademark Journal
- It plays an important role, as it mentions all major crucial deadlines which depend on the date of publication of a mark in the journal.
- Another important detail mentioned in the journal is the deadline to file any opposition against any trademark that has been accepted and advertised in the journal.
You can locate previously registered trademarks to prevent copyright infringement using the Trademark Name Search tool at Vakilsearch.
- The second most important deadline is the date of issuance of the trademark certificate. The trademark certificate is generated online upon the expiry of 4 months from the date of publication of the registered trademark in the journal.
- One can know from the journal when to Renewal of Trademark in India
- It has all information on the recently accepted marks that might be infringing upon the rights of the trademark. If a company wants to track the infringing marks, journal proves to be crucial.
- All registered trademark owners must always scan the journal to check for any potential override of the goodwill of their registered trademarks. Doing so prevents a major adverse effect known as brand dilution of the registered trademark.
Where to Find the Journal?
The Head Office of the Trademark Registry publishes the Trademark Journal every Monday. It is available for a public view for 20 working days.
It has now become easy to access the journal in this new era of digitisation. Anyone can access the for free from the website. After downloading the journal you can access all the important details of the trademarks.
Summing Up
To object to any trademark, or oppose a trademark, you will require all details of the trademark available in the trademark journal. Vakilsearch can help you file an objection to the trademark in a legal manner with its expert legal panel: https://ipindiaonline.gov.in/eregister/eregister.aspx on board.
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