Trademark Journal: Importance, Key Factors and Process

The trademark journal is a very important part of the trademark registration process. It is important to support transparency, public review and objection. We all know that a trademark is one of the most valuable assets for any business. Publication in the trademark journal will protect your brand identity from infringement.

Many business owners believe that trademark registration is complete after submitting the application. This is not the case in reality. There is another vital step. The publication of your application in the Trademark Journal.

Read the blog to know about the Trademark Journal. How to check it, why it matters, what happens after publication, and how oppositions work.

What is a Trademark Journal?

The Trademark Journal is an official weekly publication. The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). issue this journal. Only trademarks that pass examination and are accepted (either directly or after hearing/response) are published.

We can say in simple words that first you will have to file a trademark application. Then it will get examined and accepted. After that it will publish in the trademark journal. Here the public will get time to raise objections. If there is no opposition, the owner will get the Trademark Registration Certificate. Publication in the Trademark Journal is one of the most important steps.

 Why is the Trademark Journal Important?

Though applicants underestimate the importance of the Publication stage. It has several important purposes. Check out in the section below why it is important:

(a) Ensures Transparency

Publishing trademark in the trademark journal offer transparency. It ensures that no mark is there without offering others the right to object. This keeps the entire process fair and transparent.

(b) Helps Avoid Brand Conflicts

Publication in the trademark journal help existing brand owners alot. It helps in verifying whether a similar or misleading trademark is there or not.

(c) Protects Businesses from Identity Theft

Publishing trademark in the trademark journal helps in protecting your business identity. If someone tries to register a mark like yours, the opposition can prevent this misuse.

(d) A Mandatory Step Before Registration

Trademark is not registered in India without passing through the publication stage. This step is important under the Trade Marks Act, 1999.

(e) Prevents Duplicate or Fraudulent Registration

The trademark journal acts as a filter. It ensures that no two trademarks can create confusion in the market. Hence, publication in the journal is not a formality. It is a protection process for both existing and new trademark owners.

How the Trademark Publication Process Works?

There are 4 main steps for publication in the trademark journal. Read the section below to know the steps in detail:

Step 1: Trademark Filing

First you apply with your brand name, logo, or tagline through Form TM-A.

Step 2: Examination by Trademark Officer

An Examiner will then check the application for:

·         Legal validity

·         Similar trademarks

·         Distinctiveness

·         Proper classification

After the examination process the examiner may can accept the application. He can also issue an Exam Report, accept with the condition of User Affidavit and also reject in rare cases.

Step 3: Acceptance & Publication

On acceptance of application the trademark get published in the Trademark Journal. It will be in observation for a period of 4 months.

During these 4 months public will view your trademark. Anyone can oppose it and the trademark will stay in the “Accepted and Advertised” status.

Step 4: Opposition Period

The trademark will proceed to registration, if there is no objection.

What Happens After Publication in the Trademark Journal?

After publication of trademark in the trademark journal, one of two things can happen:

(i)  No Opposition Filed

If no one objects, your mark within the 4-month period then:

·         Your trademark status changes to Registered

·         You get the Trademark Registration Certificate

·         You can now use the ® (Registered) symbol

This is the ideal and most common scenario.

(ii) Opposition Filed

If someone opposes your trademark, then in that case a legal dispute can arise. You can file a counter statement and both the parties can submit evidence. Then there will be hearings and the registrar will approve or reject your mark. Though opposition does not mean that the registry will reject your mark. It indicates a formal challenge from another party.

What Is Trademark Opposition?

Trademark opposition is a legal objection. Individual or businesses can raise it. They can raise objection if the published trademark is:

·         Identical to their brand name or logo

·         Someone is attempting to misuse or copy their reputation

·         It can cause confusion among customers

·         This trademark filed with bad intentions

·         Violating the Trade Marks Act, 1999

Who Can File an Opposition?

Not only trademark owners, any person can file an opposition. This includes Competitors, Consumers, Individuals, Companies and Trade associations. Remember if they have valid reasons to oppose, they can file an objection.

Common Reasons for Trademark Opposition

In the section below we have listed the most common grounds. Grounds on which opposition filed after publication in the trademark journal:

(a) Similarity with Existing Trademark

If a new trademark looks, sounds, or feels very much identical to an existing one, opposition will be there.

(b) Lack of Distinctiveness

Generic names like are often opposed for being too common.

(c) Descriptive Marks

Words that describe goods/services face opposition

For Example: Creamy Ice Cream

(d) Misleading or Offensive Mark

Applications that are misleading customers or violate morality/public order often face opposition.

(e) Similar Logo or Design

Logos which resemble other brand logos even if names differ can face opposition.

How to Check the Trademark Journal Online?

Checking the Trademark Journal is very simple. You can do it through the official IP India website.

Here in the section below are the steps for Downloading the Trademark Journal:

1.   Visit the official IP India website

2.   Go to Trademark Journal

3.   Select the date/latest edition

4.   Then open the PDF and search your application

5.   Check the publication of your trademark

Note: Trademark Journals releases weekly. Each edition contains thousands of entries.

What Happens If there is Opposition?

If someone opposes your trademark after publication in the trademark journal then:

Step 1: Notice of Opposition

You will get a formal notice from the Trademark Registry.

Step 2: File Counter-Statement

Within 2 months, you will have to reply with a counter-argument. If you fail to respond, then in that case your application get abandoned.

Step 3: Evidence Submission

·         Opponent submits evidence

·         You will submit your evidence in reply

·         Then opponent submits further evidence

Step 4: Hearing

In hearing both the parties will have to appear before the Registrar. Advocates usually represent applicants during hearings.

Step 5: Decision

The Registrar either:

·         Accepts your trademark

·         Rejects your trademark

·         Or will send it back for further review

What are the benefits of Clearing the Trademark Journal Stage?

Clearing the phase after publication in the trademark journal will give your mark:

(a) Strong Legal Protection

Your mark will be enforceable under Trademark Law.

(b) Exclusive Rights to Use

No one else can use or register an identical mark in your class.

(c) Brand Recognition

You can use the ® symbol, thus increasing brand trust.

(d) Business Expansion

Your trademark is an asset which you can license, franchise, or even sell.

(e) Protection from Copycats

After clearing the trademark journal stage your brand will get public recognition. It will also get legal backing.

Tips to Ensure Smooth Publication in the Trademark Journal

For avoiding delays or objections after publication in the trademark journal, you can:

·         Select a distinctive name

·         Avoid generic, descriptive, or common words.

·         Make sure to conduct a Trademark Search

·         Ensure that no identical or similar trademark already exists.

·         File Correct Details

·         Errors in name, class, or documents can cause rejection.

·         Ensure to respond to Objections

·         A well-drafted reply will increase the acceptance chances.

·         View the Trademark Journal

·         Track publication status weekly.

·         Take Legal Help if required

Conclusion

Publication in the Trademark Journal is one of the most important steps. It plays a major role in the trademark registration process. The process ensures transparency, protect your business identity. It also offers public an opportunity to object before trademark registration. Understanding how the Trademark Journal works will help you safeguard your brand identity. If you have any query, get in touch with Online Legal India.

FAQ

Q1. What is a Trademark Journal?

It is an official publication by the trademark registry listing trademarks approved for publication. The trademark is published here after initial examination.

Q2. Who can access it?

Anyone can access it through the official IP India Website. You can do the search by using application number, keywords or class.

Q3. How often the Journal Releases?

It is usually published every week.

Q4. What is the timeline after publication?

A period of four months there for filling Notice of Opposition. This period starts after publication of the trademark.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.