If you’ve recently filed a trademark application in India, you may come across the status “Accepted and Advertised” while tracking your application on the IP India Trademark portal. But what does this status really mean? Is it good news? What happens next?
In this article, we’ll break down the “Accepted and Advertised” trademark status, what it implies for your registration process, and what you should do once your mark reaches this stage.
📌 What Does “Accepted and Advertised” Mean?
When the status of your trademark application is “Accepted and Advertised”, it means that:
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Your application has passed the examination stage, and
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The Registrar of Trademarks is satisfied that your mark does not conflict with existing marks and complies with the law, and
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It has been published in the Trademark Journal for public viewing.
In simple terms, your trademark is one step away from being registered, subject to no objections or oppositions during the advertisement period.
📚 Legal Basis Under Indian Trademark Law
According to Section 20 of the Trade Marks Act, 1999, once a trademark is accepted, it must be advertised in the Trade Marks Journal to allow third parties to oppose it if they believe it conflicts with their existing rights.
The publication of the trademark is not a formality – it’s a crucial step. This is the only opportunity for others to challenge your trademark before it gets registered.
🕒 What Happens After “Accepted and Advertised”?
After your trademark is advertised in the journal, there is a statutory waiting period of 4 months for any opposition to be filed by third parties.
Two scenarios can happen next:
✅ 1. No Opposition Filed Within 4 Months
If no one files an opposition during this period, your trademark will proceed to be registered, and you’ll receive a Registration Certificate under Section 23(1) of the Trade Marks Act.
⚠️ 2. Opposition Filed Within 4 Months
If someone files an opposition (under Section 21), the status will change to “Opposed”, and the matter will enter a legal proceeding before the Trademark Office. You will be required to defend your application with the help of a trademark lawyer.
🔍 Why Is This Status Important?
Understanding the “Accepted and Advertised” status is critical because:
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It tells you your application has passed the examiner’s scrutiny.
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It gives you a countdown to full registration, assuming no one objects.
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It is a window for competitors or prior users to oppose your claim.
📝 Can I Use the ® Symbol After This Stage?
No, you cannot use the ® symbol until your trademark is officially registered. Until then, you may continue to use the ™ symbol, which indicates a pending trademark.
💡 Pro Tips for Trademark Applicants in India
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Monitor the Trademark Journal: Check for your advertisement in the weekly journal available at IP India Website.
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Hire a Trademark Attorney: If you receive any opposition, you must respond within two months; missing this deadline can lead to abandonment of your application.
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Be Proactive: Even if your mark is advertised, you should still monitor newly filed trademarks to protect your rights.
🔍 Frequently Asked Questions (FAQs)
❓How long does it take to reach the “Accepted and Advertised” stage?
On average, it takes 6 to 12 months, depending on the backlog at the Trademark Office and whether any objections were raised earlier.
❓Can I file an opposition against someone else’s trademark after it’s advertised?
Yes, any person can file an opposition within 4 months from the date of publication in the Trademark Journal.
❓What if I miss responding to an opposition?
If you do not file a counterstatement within 2 months, your trademark application will be abandoned.
🔚 Concluding
The trademark status “Accepted and Advertised” is a positive development, indicating your application is progressing well. However, it’s not the final step. Keep a close eye on your trademark status and be prepared to act if someone opposes it.
If you’re unsure about how to respond to a trademark opposition or want to strengthen your brand legally, it’s advisable to consult a qualified trademark lawyer in India.
📞 Have Questions?
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This content is for general information only, not a legal advice. For specific legal concerns, contact Lawfluencers at hello@lawfluencers.com!