Introduction

In India, a trademark application goes through a number of procedural stages. On the IP India portal, each of these is identified by a distinct application status. "Accepted and Advertised" is one of the most important of these. At this point, the mark has cleared the Registrar's review process and is available for public review and comment. It is essential for applicants, attorneys, and brand owners to fully comprehend this status.

"Accepted and Advertised": What Does It Mean?

Following filing, an application is carefully reviewed by the Trademark Registry as part of the Trade Marks Act, 1999 trademark registration procedure. The mark is recognised as "Accepted and Advertised" if the Registrar is satisfied that it satisfies all legal requirements, especially those related to distinctiveness and non-conflict with existing marks.

This implies:

·       Either directly or after objections were addressed, the application has successfully passed the examination stage.

·       The Trademark Journal, a weekly public publication of the Trademark Registry, features advertisements for the mark.

·       If third parties feel that the mark violates their rights, they have four months to register formal objections, which the advertisement marks the beginning of.

The steps that lead to being "accepted and promoted"

1. Examining the phases that precede this condition aids in comprehending its significance
2. Application Filing: The candidate files Form TM-A online or in person at a local Trademark Office, together with the necessary paperwork and costs
3. Check for Formalities: The application is examined for completeness in terms of format, fee payment, and supporting documentation
4. Examination: A trademark examiner assesses the mark based on a number of criteria, such as:

·       absolute grounds (such as descriptiveness and lack of distinctiveness).

·       related reasons (such as a mark's clash with an already-registered or applied-for mark).

. Issue of the Examination Report:

·       An examination report is issued in the event that concerns are voiced.

·       The applicant may ask for a hearing and has one month to reply.

 Hearing (if applicable): A hearing may be held if the Registrar is dissatisfied with the examination report's response.

Acceptance: The mark is either the following if the Registrar is satisfied:

·       Completely approved and published in the Journal, or

·       Accepted with restrictions (such as a disclaimer on certain terms) and appropriately publicised.

The advertisement's importance in the Trademark Journal

There are several reasons why the mark is published in the Trademark Journal:

·       Public Notice: It notifies current right holders and the general public that a new trademark is being sought for registration.

·       Legal Requirement: Publication is a mandatory step prior to the registration certificate's issuing, as stated in Section 20 of the Trade Marks Act.

·       Opposition Trigger: It starts the four-month opposition period, during which any third party may submit a Form TM-O notice of opposition.

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What Takes Place When There Is Opposition?

Following the trademark's promotion:

·       The registration may be challenged by any third party who feels the mark is confusingly similar to their registered or pending trademark or who asserts previous usage or rights.

·       Within four months of the date of the advertisement, the opponent has to submit the notice of opposition.

·       If a complaint is submitted:

-Within two months, the applicant has to submit a counterstatement.

-Both sides attend a hearing and provide evidence.

-Whether to approve or deny the registration is up to the Registrar.

A certificate is issued and the trademark moves on with registration if no opposition is submitted or if the opposition is settled in the applicant's favour.

Key Legal Provisions Relevant to This Status

Several sections of the Trade Marks Act, 1999, are pertinent when discussing “Accepted and Advertised”:

• Section 20: Advertisement of the application.
• Section 21: Opposition to registration.
• Section 23: Registration after the opposition period.
• Rule 41 to Rule 50 of the Trade Marks Rules, 2017: Detailing the opposition procedure.

These provisions collectively create a framework that balances public interest and private rights in the trademark registration process.

Strategic Considerations for Applicants

1. Monitor the Journal: Even after acceptance, applicants should vigilantly track the journal publication date and be prepared to defend their mark if opposed.
2. Prepare Evidence of Use (if applicable): If the mark has been in use, documents showing use, goodwill, and reputation can be crucial if opposition arises.
3. Avoid Premature Branding: Until the mark is registered, it is not advisable to rely exclusively on it in commerce or invest heavily in marketing based on it.
4. Professional Representation: Responding to oppositions or legal challenges requires precision. Engaging an IP lawyer or agent is advisable once the application enters the advertised phase.
5. Watch for Third-Party Marks: Companies should regularly monitor the Trademark Journal for potential infringing applications to consider opposition when necessary.

Duration of “Accepted and Advertised” Status

If no opposition is filed within four months, or if opposition is resolved in favor of the applicant, the mark proceeds to “Registered” status. However, if an opposition is ongoing, the mark may remain in the “Accepted and Advertised” stage for months, depending on the complexity and timeline of the proceedings.

Conclusion
A significant turning point in the trademark registration process is when the application is marked as "Accepted and Advertised," which indicates that the Registrar has opened it for public scrutiny and has discovered no significant problems with it. It advances the applicant's chances of gaining trademark protection, but it also raises the risk of third-party opposition. Both applicants and IP specialists must comprehend the timetables, strategic actions, and legal ramifications associated with this step. Applicants can safeguard their rights and proceed with confidence in obtaining a registered trademark under Indian law by remaining aware and watchful during the opposition window.