Section 20 of TradeMark Act, 1999, is a key part of the trademark registration process in India. It requires the Registrar of Trade Marks to publish details of a trademark application after it’s accepted. This step makes the process open and lets the public review the application before it becomes final. By publishing the application in the Trade Marks Journal, Section 20 allows anyone to oppose the trademark if they think it affects their rights. This rule balances the needs of the person applying for the trademark with the rights of existing trademark owners and the public. In this article, we’ll explain Section 20 in simple terms, covering its rules, purpose, steps, and impact, along with examples from cases and related laws.
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What is Section 20 of the TradeMarks Act
Section 20 of TradeMark Act is called "Advertisement of application". It explains how the Registrar must share details of an accepted trademark application. This provision ensures the trademark process is clear and open, allowing for check and challenge applications:
Advertisement After Acceptance: When a trademark application is accepted either fully or with specific conditions the Registrar must publish it in the Trade Marks Journal as soon as possible. The publication includes any conditions or limits, like restrictions on how the mark can be used. However, the Registrar can publish the application before acceptance in special cases, such as when the mark has issues under Section 9(1) (lacking uniqueness) or Sections 11(1) and (2) (too similar to existing marks), or if there are unusual reasons to do so.
Changes After Advertisement: If an application was published before acceptance, or if changes (like fixing errors or amending the application under Section 22) happen after publication, the Registrar can choose to publish it again or just notify the public about the changes.
Why Advertise Trademark Applications?
The main goal of Section 20 is to keep the trademark process fair and prevent anyone from getting exclusive rights to a mark without proper checks. By publishing the application, the Registrar invites applicants, like other trademark owners, to oppose it if they think it harms their rights. This step is important because it lets the public raise concerns before the trademark is finalized, reducing future conflicts. Without this, trademarks could be approved without enough review, which might lead to disputes.
Publishing applications also helps catch mistakes made during the Registrar’s initial review. It follows the idea of fairness, giving everyone a chance to speak up. For applicants, it’s a big step toward getting their trademark approved. For others, it provides a four-month period (which can be extended by one month) to file an opposition under Section 21.
Read about What is a Trade Secret?
Essential Elements of Section 20 of TradeMark Act
Section 20 of Trademark Act 1999 states that accepted trademark applications, whether fully or conditionally, must be published in the Trade Marks Journal, detailing applicant information, trademark image, goods/services, and conditions. In special cases, the Registrar may publish applications before acceptance to address concerns like uniqueness or similarity, inviting early oppositions, and may republish or notify changes if amendments or corrections occur post-publication. Given below are these essential elements explained in detail:
Publishing After Acceptance
Under Section 20(1), once a trademark application is accepted either fully or with conditions the Registrar must publish it in the Trade Marks Journal. Full acceptance happens when the mark meets all requirements without issues. Conditional acceptance might include limits, like a disclaimer on parts of the mark. The publication shows details like the applicant’s name, address, the trademark’s image, the type of goods or services, and any conditions.
Publishing Before Acceptance
The special rule in Section 20(1) lets the Registrar publish an application before it’s fully accepted in certain cases. This happens when there are concerns about the mark’s uniqueness (Section 9(1)) or similarity to other marks (Sections 11(1) and (2)), or if special circumstances make it necessary. This early publication invites oppositions sooner, helping resolve issues faster. The Registrar must explain why they chose to publish early, as it’s not a standard step.
Republishing or Notifying Changes
Section 20(2) of Trademark Act covers what happens if changes are made after the application is published. If the application was published before acceptance, or if corrections (like fixing a typo) or amendments (under Section 22) are made after publication, the Registrar can republish the application or just notify the public about the changes. This keeps everyone informed without slowing down the process.
How the Advertisement Process Works?
The advertisement process starts after the Registrar of TradeMarks reviews the application under Sections 18 and 19. Once accepted, the application appears in the weekly Trade Marks Journal, which is available online at the Intellectual Property India website. The journal entry includes:
Application number and filing date
Applicant’s name and address
Image or description of the trademark
Type of goods or services
Any conditions or limits
Date of publication
Applicants have four months from the publication date to file an opposition. If no one opposes, or if an opposition is dismissed, the trademark moves to registration under Section 23. This process makes trademark registration open and fair by allowing public input.
Check out the Trademark Class 25 that covers the clothes and accessories.
Differences Between Publishing Before and After Acceptance
Section 20 allows two types of advertisement, each with different effects. The table given below shows how the early publication option adds flexibility while keeping the process thorough:
Aspect | Published Before Acceptance | Published After Acceptance |
What It Means | The application is shared early, before full approval, often due to concerns about uniqueness or similarity. | The application is shared after full review and approval, with or without conditions. |
Legal Impact | The applicant has no legal rights yet; the application could still be rejected after oppositions. | The applicant is closer to approval; the mark meets the Act’s requirements. |
Opposition Opportunity | Applicants can oppose early concerns, but this is less common. | There is a standard four-month period to oppose after the Registrar’s approval. |
Finality and Risks | Higher chance of rejection; used in special cases to get public feedback early. | Lower chance of rejection; moves to registration if unopposed, but oppositions can still happen. |
Examples | Marks with uniqueness issues or similarity concerns published to invite early feedback. | Unique logos or marks with no conflicts, fully compliant with the law. |
CaseLaws Explaining Section 20 of Trademark Act
The Delhi High Court in Shri Ram Education Trust v. SRF Foundation (2013) clarified that early publication of a trademark application is as valid as post-acceptance publication which enabled oppositions and expedited the process. In Yamaha Motor Co. Ltd. v. Registrar of Trade Marks (2025), the Bombay High Court allowed early publication of Yamaha’s “WR” mark due to its global fame, while Jai Bhagwan Gupta v. Registrar of Trade Marks (2024) emphasized that the Registrar must justify early publication to ensure fairness under Section 20 of Trademark Act. Let’s learn about these cases in detail:
In Shri Ram Education Trust v. SRF Foundation (2013), the Delhi High Court said that publishing an application before acceptance is just as valid as publishing after acceptance for registration purposes. The court noted that early publication still allows oppositions and treated it as “as good as accepted.” This shows how the early publication rule helps speed up the process without harming anyone’s rights.
In Yamaha Motor Co. Ltd. v. Registrar of Trade Marks (2025), the Bombay High Court overturned the Registrar’s rejection of Yamaha’s “WR” trademark application. The court ordered the application to be published before acceptance due to special circumstances, like the global fame of a trademark and lack of prior use in India. This case shows how the special powers of a Registrar can be used in unique situations.
In Jai Bhagwan Gupta v. Registrar of Trade Marks (2024), the court said the Registrar of Trademarks must explain why they publish an application early which will prevent random decisions.
Impact on Applicants and Others
For applicants, following Section 20 means being ready for possible oppositions, which can delay registration but make the trademark stronger in the end. Early publication can help resolve issues faster. For others, like existing trademark owners, monitoring the Trade Marks Journal lets them protect their rights by opposing conflicting marks.
However, oppositions can increase costs, and applicants need to stay alert to monitor the journal. Overall, Section 20 helps create a fair trademark system by reducing disputes after registration.
Summary
Section 20 of TradeMark Act, 1999 ensures the registration process is open and allows applicants to challenge applications. By requiring publication, it protects the public’s interests while supporting applicants with valid trademarks. Understanding its details from types of acceptance to court rulings helps lawyers and businesses navigate the process. As trademark disputes grow with online commerce, Section 20 remains a key tool for balancing innovation and protection.
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Section 20 of Trademark Act: FAQs
Q1. What is Section 21 of the Trademark Act?
Section 21 allows four months to respond to a trademark objection, or the application may be rejected.
Q2. What is Section 20 of the IPR?
There’s no specific "Section 20 of the IPR" in India; IPR laws are covered by acts like the Trademark Act or Patents Act.
Q3. What is a trademark number 20?
Trademark number 20 refers to Class 20, covering furniture, mirrors, and picture frames under the Nice Classification.
Q4. What are the 4 types of trademarks?
The four types are word marks, logos, slogans, and device marks (designs or symbols).
Q5. What are the 7 types of trademarks?
The seven types are word marks, logos, slogans, device marks, collective marks, certification marks, and service marks.
