Once a trademark application clears examination—meaning the Registrar is satisfied that it meets legal requirements—it enters the advertisement stage. This is a crucial public notification step that precedes either successful registration or a potential opposition.
What Does Advertisement Mean?
Advertisement means the applied-for mark is published in the Trademark Journal, a weekly official publication by the Registrar. This serves as a formal public announcement and opens the window for others to challenge the mark if they have legitimate concerns.
When Is It Published?
Typically, advertisement occurs after the Examiner clears the application. However, in rare, exceptional cases, a mark may be advertised before formal acceptance—this happens when the Registrar sees strong proof of bona fide commercial use and believes that publication ahead of acceptance is justified.
What Gets Published?
When your application appears in the Trademark Journal, the following details are made public:
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Classification and class number
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Application number and filing date
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Applicant’s name(s)
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A clear version of the mark (word or design)
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Description of goods/services
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Any conditions, limitations, or link to earlier applications
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Filing office location
The date of publication is key—it starts the clock for useful deadlines, such as filing an opposition.
Opposition Period
Once published, the mark takes center stage for four months (occasionally three, depending on circumstances) during which anyone can file an opposition, typically under Form TM‑O.
What Happens If the Advertisement Is Flawed?
If the published entry is incorrect or incomplete, third parties may successfully oppose, or the Registrar may require a re-advertisement with corrected information before proceeding to registration.
| Aspect | Details |
|---|---|
| Purpose | To publicly notify and invite opposition |
| Timing | Usually after acceptance; sometimes before in special cases |
| Content in Journal | Application details, mark, classes, applicant, conditions |
| Opposition Window | Typically 4 months from publication |
| Errors in Advertisement | May lead to opposition or require re-publication |
Advertisement ensures transparency in the trademark system. It allows stakeholders to flag conflict early, before registration clears the final hurdle. For applicants, this stage is the last opportunity before certification—and is one reason why effective preparation and timely responses to earlier steps make all the difference.
