All About Trademark Journal

Updated on July 08, 2024 07:58:40 AM

The term trademark refers to a unique name or identity that identifies a product or service. It is essential for an organization that wants to build a strong brand reputation. A trademark could be any word, number, colour, pattern, logo or symbol. However, every individual or business goes for Trademark Registration , which leads to building trust among consumers. TM Registration process is a lengthy process that includes application filing, examination, trademark journal and registration.

Trademark journal plays an important role in this process that determines whether a trademark will be registered or not. In this article, we will discuss all the Trademark journals including their complete details, the situation after the TM journal and its benefits.

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What is Trademark Journal?

Trademark Journal is an update that is weekly published by the Trademark authority (Controller General of Patent, Design and Trademark). A Trademark Journal is a part of Trademark Registration where the registrar sends the applied Trademark for advertising in the Journal. When the trademark is published in the Journal it shows publically to everyone.

At this stage, every individual or business can raise opposition within four months from the date of publication if they see any similarity in their Trademark that can cause confusion. Its main aim is to give a chance to the public or businesses to protect their intellectual property by the infringement.

Details mentioned in the Trademark Journal

There are several details mentioned in the Trademark Journal. These details are given below:

  1. Trademark Journal number.
  2. Date of Publication of the journal.
  3. Class of the Trademark in which the Trademark applied.
  4. Logo or symbol of the applied Trademark.
  5. The application number of the Trademark.
  6. Address of the applicant or owner of the Trademark.
  7. TM Attorney’s name and address.
  8. Time of uses ( e.g Proposed to be used or Prior Users)
  9. Jurisdiction ( means the place or area in which the Trademark applied ex- Delhi, Maharashtra, etc)
  10. Description of the Trademark.

Situation After the Trademark Journal

There are two situations that arise after the Trademark Journal, these are -

  1. Opposition: When the Trademark is in the Trademark Journal, it has the chance that it could be opposed by any third party within four months from the publication. If any third party raises opposition at this stage so, the TM application can be stuck in the registration process.
    A Trademark opposition is also a complex part of TM Registration. In this process, the opponent files TMO against infringement. The applicant gets a legal notice and they have to prove themselves as a prior user otherwise the application for Trademark Registration will be abandoned.
  2. No Opposition: If the applied Trademark does not get any opposition in the Trademark journal, that mark will get officially licenced. After this, the applicant can use symbol ® in front of their brand logo. This symbol determines that the business or firm is recognisable and trustworthy.

Benefits of the Trademark Journal

Every stage of Trademark registration has its own benefits and here numerous benefits of a Trademark journal are given below:

  1. Public Notice: The Trademark Journal provides public notice to every individual or business regarding the applied and registered trademark. It also gives complete information about the trademark that helps to prevent future conflicts.
  2. Opposition Opportunity: The Trademark Journal gives opportunities for opposition. If any individual or firm sees any type of infringement with their trademark that can cause confusion among the consumers, they can oppose that application and can prevent their uniqueness in the market.
  3. Avoid Infringement: The Trademark Journal helps to avoid any kind of infringement and prevents others' intellectual property rights.
  4. Promote Inventions:Before the TM Registration the applicant goes for the TM Search their TM journal plays an important role. The Trademark journal aids to promote invention and also gives chances to other brands to establish their identity in this competitive era.

Conclusion

Trademark Journal is an essential part of Trademark Registration. It provides the chance for other businesses to secure their solitary identity by opposing the applied TM application. When the applied trademark is under the Trademark journal so the opponent has to oppose it within four months otherwise that mark will be registered. Therefore the applicant must conduct a TM search before the registration by which they can get an idea of future conflicts. During the TM search process, the trademark journal helps to promote new inventions and also provides some new choices to consumers.

Frequently Asked Questions (FAQs)

What is a Trademark Journal?

A Trademark journal is an update of registered and applied Trademarks that are weekly published by the TM Authority.

Where is the TM journal published?

The Trademark Journal is published on the official site of the Trademark registry every week.

What is Trademark opposition?

Trademark Opposition is part of Trademark Registration where any third party can raise opposition in case of infringement with their Trademark.

What is Trademark Objection?

Trademark Objection is part of Trademark Registration where the registrar raises objections during the examination in case of similarities.

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