When a trademark application is filed, it is examined by the Trademark Office to check if it overcomes the objections laid down by the Trademarks Act 1999 (predominantly Section 9 and Section 11 of the Act). If there are objections to registration of the said mark, an opportunity is given to the applicant to overcome the objections so raised through a response to the examination report and further, if necessary, through a hearing before a Hearing officer. Based on the same, the mark is either advertised before acceptance (a separate article on this status could be found here) or advertised as accepted or refused. At times, the mark might, straight after examination, get “ advertised as accepted ” which implies that there are no objections and the Trademark Office deems the mark fit for registration. However this is not a scenario we frequently come across. On the whole, where the Trademark Office is completely convinced about the distinctiveness and registrability of the trademark, then the said mark is ordered to be “advertised as accepted.”

In cases where the mark is accepted straight after examination, the Trademark office also stipulates advertisement provided the applicant sends to the Trademark Office, a written submission concurring with such acceptance within 30 days/a month of receipt of the report. Though in reality, the Trademark Office does not strictly expect such written concurrences from the applicants, it is better to follow the instructions and submit a written concurrence with the Trademark Office to avoid any hassles in this regard.

It is to be noted here that solely because a mark gets “advertised as accepted,” the same does not imply that the mark would certainly get registered. There is no guarantee of any sorts by the Trademark Office. For all that we know, the mark might get opposed and then refused. It simply implies that the Trademark Office is convinced about the chances of registrability of the mark.

When the status reflects “advertised as accepted,” it gets advertised in the Trademark Journal and henceforth, the opposition period of four months begins during which the applicant has to wait and watch to check if the mark gets opposed!

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