A trademark finds its place in the trademark journal once it is applied for registration with the Registrar of Trademarks. A notice is issued before the trademark is published in the trademark register. This article explains everything about it.
What is a Trademark Notice of Publication?
Receiving a Notice of Publication for a trademark application is a positive development for the applicant, indicating preliminary approval by the USPTO trademark examiner. While this brings the applicant closer to trademark registration, there is still a chance for the public to challenge the pending trademark application before it is granted.
What Is Meant by a Trademark Journal?
An application filed by a user for the registration of a trademark appears in the trademark journal. A trademark enters the trademark journal even when
- It is accepted by the Trademark Office, completely or subject to certain conditions or limitations
- A trademark is ordered to be advertised before acceptance.
However, the entry of a trademark in the trademark journal does not mean the trademark is registered. A trademark journal is an open invitation to the general public for any comments and opposition from the owners of all registered or other trademarks in the trademark journal of India.
Where to Find a Trademark Journal?
Apply for Trademark online – Trademark Journal is published every Monday by the Head Office of the Trademark Registry. Each trademark journal is available for 20 days to the public. It has now become easy to access the trademark journal from anywhere, and at any time as it is published online. To access the trademark journal one has to visit the website.
Advertisement of Trademark Application
A Trademark application is advertised with the following details in the trademark journal:
- All the trademark details
- Application date
- Any priority claim
- Status of the trademark
- Applicant’s details with the address
You can check trademark availability with Vakilsearch’s free Trademark Search tool before registering a trademark.
- Applicant’s agent’s details along with the address
- The specifications and class of goods or services
- Statement regarding the use of the trademark
- Appropriate office
Various Trademark Statuses
The trademark entry into the register of trademarks does not mean the trademark is registered. All the trademarks applied for the registration of the trademark make a place in the trademark journal. The various status of the registration is as follows:
- New application
- Formalities Chk Pass
- Formalities Chk Fail
- Send to Vienna Codification
- Marked for Exam
- Exam Report Issued
- Ready for Show Cause Hearing
- Abandoned
- Advertised bef acc
- Accepted & Advertised
- Opposed
- Refused
- Invalid
- Withdrawn
- Send Back to EDP
- Send to PRAS
- ABA/Readvertised
- Under Division
- Rectification Filed
- Accepted
- Cancelled
- Accepted/Readvertise
- IR Cancelled
- Protection Granted
- Removed
- Appeal
- Review
- Stay of Registration
- Opposition Withdrawn
- Gone to court
Trademark Notice of Publication
The trademark notice of publication is good news for any business or organization. Once you have submitted your application for the registration of a trademark, along with all details and documents. After preliminary examination, the Registrar of Trademark issues a notice stating that your trademark application will be published in the trademark journal of India.
The publication of a trademark application is an opportunity opened for the public to object to or oppose a trademark application. If there exists any such objection to the registration of a trademark, it must be raised within a maximum period of 90 days from the date of the publication of the trademark application. And in case there are no objections, or if the objections are dealt with, the Government approves the proper registration within the Indian jurisdiction: https://main.sci.gov.in/jurisdiction
Significance of Notice of Publish
The method of registering an indicator is a adventure complete of capability competition. After an indicator software is drafted and filed, it should then be tested through an indicator analyzing legal professional on the United States Patent and Trademark Office (USPTO). If an indicator analyzing legal professional determines that an indicator software complies with the statutes, rules, and charges required through the USPTO, the trademark may be permitted for booklet withinside the trademark Official Gazette, a weekly booklet this is posted each Tuesday, which includes federal holidays, and to be had to the general public at the USPTO website.
Before booklet withinside the Official Gazette, however, the trademark applicant will acquire a observe of booklet disclosing the date that the mark may be posted, generally about months after the analyzing legal professional has permitted the trademark software. This date includes importance as it marks the day that the trademark is “posted for competition.” What this indicates is that, the day the trademark is posted withinside the Official Gazette, a 30 day window starts wherein the general public can report an competition to the registration of the posted mark. If successful, an competition can save you the trademark from being registered at the precept register. However, if this 30 day duration ends and not using a oppositions filed, the trademark software may be capable of pass to the subsequent degree in the direction of registration.
When to Use a ™ Symbol
On successful submission of the trademark application, an acknowledgment will be received. After receiving the acknowledgment, one can use the ™ mark. Once the registration has been completed, the owner can use the ® symbol to notify the public that the trademark is registered.
Why Vakilsearch?
The procedure to apply for trademark registration becomes easy when there is professional help to do so. Vakilsearch completes the entire process for you, from a thorough search of the ™ directory to providing you updates until the registration is complete. All you have to do is sign the authorisation letter that Vakilsearch will prepare. This authorisation letter will authorise Vakilsearch to apply for trademark registration on your behalf. Vakilsearch will support you throughout the registration process.
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