Technically, the trademark journal is a weekly update about the registered trademarks that are published by the trademark registry. Trademark journal serves as a vital tool that facilitates details about the recently accepted trademarks that may be infringing upon the rights vested with prevailing trademarks.
Trademark journal comes into play after the proposed mark receives the green signal from the trademark authority. The examiner publishes the proposed trademark in Trademark Journal for inviting objections from the public. The significance and applicability of the trademark journal can be better understood from the process of trademark registration.
Significance of Trademark Journal
Trademark registration comes under Intellectual Property Rights[1] and it acts as a booster for brand presence and value. It helps the companies to ensure a distinctive and strong market presence for their products and services. Trademark also serves as a source identifier for a company’s business affairs.
One has to undergo an extensive legal procedure as mentioned below for securing trademark registration for their mark or logo. By going through the following procedure you would have a proper understanding of the trademark journal.
Here’s how the trademark process goes in general
Step 1: Performing Trademark Search
Despite being an absolute necessity, trademark search offers a three-fold advantage to the mark owners.
- First, it notifies them against any possibility of trademark litigation
- Second, it helps them to get a clear picture of where their proposed trademark stands
- Third, it let them identify a non-conflicting and unique trademark
Therefore, it is a good idea to perform a trademark search in the first place before indulging in a time-consuming and intricate trademark registration process. Trademark search is a simple process that can be performed on the online portal.
Step 2: Filing of Trademark Application via offline or online mode
Once you are sure that the selected logo or mark is non-conflicting and unique, you can get started with the registration formalities. For this, you are required to file a prescribed application either via offline or online mode. Once done, you will receive an acknowledgment number or receipt for the same for future reference.
Step 3: Application verification by the Examiner
In this stage, the submitted application shall undergo an extensive verification process, where the examiner scrutinizes the application for legal flaws. Since this is a delicate and extensive process, it may take around 12-18 months to complete.
After verifying the application, the examiner may accept the proposed mark on one of the following conditions;
- Absolutely
- Conditionally
- Object
In the first case, the requested mark gets published in the Trademark Journal without subjecting to any legal requisites.
In the rest of the scenarios, the examiner may prompt the applicant to respond to matter concerns raised by him within the submitted application. The applicant, under such a condition, is required to respond to such objections within the prescribed timeline (within a month to be exact).
In case of non-acceptance of response, the applicant can request a hearing. During the hearing, if the examiner has the reason to believe that the mark should be allowed registration, the said mark shall find its way to the Trademark Journal.
Step 4: Trademark publication in Trademark Journal
The proposed mark shall remain published in the Trademark Journal for 3-4 months. During this timeframe, any third party would have the leverage to oppose the mark on the grounds mentioned under the Trademark Act. In case there is opposition; the authority shall conduct a fair hearing where the applicant and the concerned party can put their case in front of the Registrar
Step 5: Grant of Trademark registration
If the proposed mark successfully passes the publication stage without attracting any objections, the registration shall grant the certificate of registration to the applicant. The certificate shall enclose the seal of the Trademark Office.
Conclusion
Trademark journal plays a pivotal role in the trademark registration process because it allows masses to object to the proposed mark. It also serves as tool that allows applicant to stay ahead of legal hindrances and costly litigation. Let us know if you have some doubts in regards to trademark journal or its applicability.
Read our Article:Prominence of Trademark registration in Entertainment Industry
