One of the stages of your trademark application during the trademark registration process is "Advertised before accepted”.
If the Officer is not completely satisfied with the distinctive nature / non-similarity of the mark and discovers certain Objections under Section 11 or Section 9, the trademark department will order the mark to be 'Advertised Before Accepted' (ABA) as specified in section 20(1) of the Act. Even in this case, the mark is advertised in the Trademark Journal for four months to check for any oppositions that can be raised. In general, a weak mark is subjected to be "advertised before accepted".
Difference between Accepted & Advertised and Advertised before Accepted
The major distinction appears in the post-opposition period. If no oppositions are raised by the public against the mark, it can be registered directly if it was earlier Accepted & Advertised. However, in the case of Advertised before Accepted, after 4 months, the Trademark Officer is authorised by procedure to either accept the application of the mark and proceed for registration or want the same to be caused to be refused subject to the opportunity give to the applicant. If approved by the Officer, the trademark becomes a 'Accepted and Advertised’ and can be registered.
What is the meaning of "Advertised before Accepted" Status in Trademark?
- The status "advertised before accepted" indicates that the trademark registry has advertised the mark in the trademark journal with full details (factors taken into consideration by the registrar for advertising the application in the trademark journal).
- Most importantly, this status appears only in exceptional cases when the officer believes the mark is weak or may face conflicts.
- As a result, anyone in the general public who opposes to the logo/name/design should do so within four months.
- If no oppositions are received within the time frame, the application is forwarded to the trademark officer.
Action Required in Trademark for "Advertised before Accepted" Status
- When the status of your trademark application is "Advertised Before Accepted", no action is needed by the applicant.
- As a result, the applicant must await final approval or any oppositions from the general public.
- However, if the general public opposes, the applicant must file a counter-statement.
- The counter-statement must be filed within two months of the opposition.
Conclusion
Trademark registration can be a complicated process at times. However, with the right guidance and assistance from experts, it becomes simple. For any query, you can contact us.
