Understand what “Advertised Before Acceptance” means in trademark law, its legal impact, and next steps after publication in India. Full guide by legal experts.
If you’ve recently filed a trademark application in India, you may come across the term “Advertised Before Acceptance” in your application status. While it may sound technical, understanding this status is crucial for protecting your intellectual property rights.
In this article, we will decode the meaning of “Advertised Before Acceptance”, its legal implications, what happens next, and what actions you need to take, if any.
What Does “Advertised Before Acceptance” Mean?
When your trademark application reaches the advertisement stage, it means it has passed the initial examination conducted by the Trademark Registry. However, if your status reads “Advertised Before Acceptance”, it implies a specific scenario under the Trade Marks Act, 1999.
This status indicates that your trademark has been published in the Trademark Journal even though it may not have been fully accepted by the Trademark Examiner. In such cases, the Registrar conditionally allows the trademark to be advertised to invite opposition from third parties.
📝 Legal Reference:
Under Section 20(1) of the Trade Marks Act, a mark may be advertised before acceptance if the Registrar believes there are grounds to accept the mark with conditions or limitations.
Why Is a Trademark Advertised Before Acceptance?
There are several reasons why a trademark may be advertised before acceptance:
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Objections raised but conditionally waived by the examiner.
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Similarity with an earlier trademark, but coexistence is deemed possible.
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Descriptive or non-distinctive elements present but not fatal.
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Pending third-party trademarks that don’t directly conflict.
In simple terms, the Registry may not be entirely convinced about the mark’s distinctiveness but allows it to proceed to the opposition stage before making a final decision.
Where Is the Trademark Advertised?
The mark is published in the Trademarks Journal, which is released weekly by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), available on the IP India website.
This advertisement gives a 4-month window for third parties to oppose your application.
What Happens After the Advertisement?
Here’s a breakdown of what follows:
1. Opposition Period (4 Months)
Any third party can file a notice of opposition within 4 months from the date of advertisement. This could be based on grounds like prior use, similarity, bad faith, or descriptiveness.
2. No Opposition
If no opposition is filed, your application proceeds towards registration, and the Certificate of Registration is issued.
3. Opposition Filed
If an opposition is filed, the process becomes contentious, involving:
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Filing a counter-statement,
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Evidence submission by both parties,
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Hearings before the Registrar.
Only after the opposition proceedings are resolved will your trademark either be registered or refused.
Should You Be Worried About This Status?
Not necessarily. While “Advertised Before Acceptance” indicates that the Registry has some reservations, it also means your mark is one step closer to registration.
However, you should:
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Monitor the Journal for any opposition.
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Prepare for potential challenges.
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Consult a trademark attorney to address any future complications.
How Long Until Registration After Advertisement?
If no opposition is received, registration typically takes 4 to 6 months post the expiry of the opposition period. However, delays may occur due to administrative backlogs.
Concluding
The status “Advertised Before Acceptance” in a trademark application is a procedural milestone indicating the Registry’s tentative approval, subject to public scrutiny. While it opens a window for opposition, it is also a positive sign that your trademark is progressing through the registration pipeline.
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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!