Introduction
Brand identity depicts being a
crucial aspect for businesses to stand out in the competitive market, as the
first and foremost impression on the consumers is influenced by the reputation
of the brand and business. Businesses require getting their trademark
registered, which will not only provide exclusive rights over the trademark and
the respective goods/services but will also bestow reputation and goodwill in
the relevant marketplace. The trademark registration process involves disparate
stages, including filing an application, examination by the registrar, and
publication of the application in the trademark journal. Section 20 of the
Trade Marks Act, 1999, governs the advertisement of trademark applications,
ensuring transparency and providing opportunity to the general public for
opposition of such marks.
Statutory Provisions
Section 20 of the Trade Marks Act, 1999 (Act), deals with the advertisement of the trademark application, wherein Sub-clause 1 enunciates that once the trademark application is accepted by the Registrar either outright or with certain conditions or limitations, it shall be advertised in the trademark journal in a prescribed manner. This advertisement serves as an opportunity for the general public, allowing them to file opposition if the advertised mark tends to infringe or pass off their mark in any possible manner.
However, the registrar is empowered to advertise the trademark application before acceptance if there is an existence of the objections under Section 9(1) or Section 11(1) and (2) of the Act or due to some expedient exceptional circumstances as per the registrar.
Sub-clause 2 of Section 20 of the Act states that if the trademark application has been advertised before acceptance as mentioned above or some error corrections or amendments have been made in the application after the advertisement, the registrar with his discretionary power may advertise the application again or notify the amendments made in a prescribed manner.
Rule 41 of the Trademark Rule, 2017, states that a person can request a registrar for particulars like dates and journal numbers in which the application is going to be advertised, and this can be done through the Form TM-M.
Trademark Journal
The Trademark Registry weekly publishes a trademark journal that includes the numerous trademarks that have been approved by the Registrar. The advertisement in the journal signifies that the trademarks are approved by the registrar and are now available for the third party to oppose such trademarks. Often the trademark journal is used for carrying out the trademark searches, as it is easily accessible online by the common public.
The Trademark Journal includes the details of the trademark and its proprietors along with the name and address of their agents. Additionally, it consists of the publication and renewal date of the trademark.
Conclusion
The advertisement of the trademark application plays a vital role in ensuring transparency and legal compliance in trademark registration, and additionally, it provides an opportunity for the general public to file an opposition in case any published mark tends to infringe or pass off the existing mark in the relevant market. The advertisement stage is equally imperative as other stages of the registration to safeguard the violation of the rights of the registered proprietor or prior user of the mark.