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Trademark Journal Publication

After getting a positive report from the trademark examination of any filed application for registration (through Form TM-1), the concerned Registrar of Trade Marks then publishes the application containing the proposed trademark/service-mark in the Indian Trade Marks Journal []. Publication of the trademark in the official journal is meant for inviting public comments and oppositions from the owners of all registered and filed trademarks and service marks located in India. In case of no any objection to the registration of the proposed trademark raised by any person or entity within a maximum period of 90 days counted from the date of publication of the application, then the forwarded trademark gets the final governmental approval for proper registration within the Indian jurisdictions. But, in case when there is any objection raised against the registration of the proposed trademark, then sorting out of all affairs will be made first, which may result in approval or rejection of the application. Thus, trademark journal publication is certainly one of the vital and very significant stages or tasks associated with the procedure of trademark registration.

Objection to the future registration of the published proposed trademark/service-mark is to be made on certain justifiable and solid grounds, and through the Form TM-5. Such a trademark opposition is to be made within a maximum of 90 days from the date of publication of the trademark in the said journal. In case of an opposition raised by a third-party, the concerned Trademark Hearing Officer (THO) will call for a rigorous clarifying hearing, involving both the applicant and the opponent. Both these parties will be given chance to give their respective justifications and evidences. Then, based on the justifications and evidences presented by both the involved parties, the THO will decide whether the registration of the proposed trademark/service-mark should be approved or rejected. Again, the applicant or the opponent has the liberty to challenge the decision of the THO through resorting to the Intellectual Property Appellate Board.

Internationally renowned trademark attorneys of our full-fledged law firm of India, based in Delhi, are well-versed in supporting clients during all stages of trademark registration, and all other actions/processes related with trademarks, such as trademark renewal, trademark prosecution for diverse aims, trademark infringement litigation, trademark monitoring, and well-rounded trademark protection in India and abroad. All other categories of Intellectual Property are also served by our prestigious and well-resourced law firm in similar manner.