Chapter III - Procedure for and Duration of Registration
Section 20
Section 20: advertisement of a trade mark application
The Registrar publishes an accepted application so others can inspect and, if appropriate, oppose it. Section 20 also allows publication before acceptance in specified circumstances and deals with corrections after publication.
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Need advice on Section 20?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner:
Provided that the Registrar may cause the application to be advertised before acceptance if it relates to a trade mark to which sub-section (1) of section 9 and sub-sections (1) and (2) of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do.
(2) Where—
(a) an application has been advertised before acceptance under sub-section (1); or
(b) after advertisement of an application,—
(i) an error in the application has been corrected; or
(ii) the application has been permitted to be amended under section 22,
the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause (b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.
Introduction
Advertisement is the public-notice step between examination and registration. The actual Journal entry and any re-advertisement matter because current Section 21(1) measures the opposition window from publication. Rule 40 of the Trade Marks Rules, 2017 governs notification or re-advertisement of corrections.
Key takeaways
Accepted applications are published
The Registrar advertises the application as accepted, including any conditions or limitations.
Early advertisement is possible
The proviso permits publication before acceptance for the stated refusal-ground situations or exceptional circumstances.
Corrections can trigger a fresh publication
The Registrar may re-advertise after a pre-acceptance publication, correction or permitted amendment, or notify certain corrections in the prescribed manner.
Inspect the accepted advertisement
Compare the Journal entry with the applied-for mark, owner, class, goods or services and any acceptance conditions. A filing receipt alone is not proof of advertisement.
Identify whether publication preceded acceptance
The proviso allows the Registrar to advertise before acceptance in the stated circumstances. Do not infer acceptance solely from appearance in the Journal.
Watch corrections and re-advertisement
When an error is corrected or an amendment allowed, check whether the Registrar re-advertises the application or publishes a notification. Rule 40 gives further procedural detail; record the latest relevant Journal entry.
Official sources
Practical checklist
Do
- Save the Journal number and publication date.
- Verify the advertised mark, classes and conditions against the application record.
- Track any correction, notification or re-advertisement before calculating an opposition deadline.
Avoid
- Do not treat advertisement as registration.
- Do not assume a corrected application always has the same operative publication record.
Glossary
- Advertisement
- Publication of a trade mark application in the prescribed manner for public notice.
- Re-advertisement
- A fresh publication of an application after specified procedural developments.
Frequently asked questions
Does advertisement mean the mark has been registered?
No. Advertisement enables public scrutiny and potential opposition; registration follows under Section 23 only after the statutory conditions are satisfied.
Can the Registrar publish before accepting an application?
Yes, in the Section 20(1) proviso's stated circumstances.
What if the published application is corrected?
Section 20(2) lets the Registrar re-advertise or, for specified corrections or amendments, notify the change in the prescribed manner.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026