Rules 39 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Under the Act, an accepted application is advertised so that anyone who objects can oppose it. Rules 39 to 41 supply the working detail. Rule 39 says the advertisement is in the Journal. Rule 40 lets the Registrar notify a correction or amendment in the Journal instead of advertising again, and says when he must re-advertise. Rule 41 lets any person ask in Form TM-M for the Journal number and date in which a mark was advertised. These rules sit between acceptance and the opposition stage that a trademark opposition deals with.
Every application required to be advertised under section 20(1), or re-advertised under section 20(2), is advertised in the Journal (rule 39). For a correction or amendment to which section 20(2)(b) applies, the Registrar may insert a notification in the Journal instead of advertising again; for a material error he may advertise again, cancelling the earlier advertisement (rule 40). Any person may ask in Form TM-M for the Journal number and date (rule 41).
Rule 39: manner of advertisement
"Every application for the registration of a trademark required to be advertised by sub-section (1) of section 20 or to be re-advertised by sub-section (2) of that section shall be advertised in the Journal."
The Journal is the online Trade Marks Journal on the official website of the Controller General (rule 2(1)(l) and (q)). The statutory duty comes from section 20 of the Act. The advertisement is the starting point for the four-month opposition period in rule 42, so the Journal date matters.
Rule 39 has only a sub-rule (1) in the text, with no sub-rule (2); we note this as an oddity of numbering and read nothing into it. The rule says what the advertisement is and where it appears. It does not say what the advertisement must contain, which is left to the Act and other rules, for example rule 30(2) on undertakings and rule 40 on the particulars of a notification.
Rule 40: notification of correction or amendment
The first part: "In the case of an application to which clause (b) of sub-section (2) of section 20 applies, the Registrar may, if he so decides, instead of causing the application to be advertised again, insert in the Journal a notification setting out ..."
| Item in the notification |
|---|
| The number of the application |
| The class or classes in which it was made |
| The name and address of the principal place of business in India, if any, of the applicant, or if none, his address for service in India |
| The Journal number in which it was advertised |
| The correction or amendment made in the application |
So, where a correction or amendment has been made after advertisement (the case section 20(2)(b) deals with), the Registrar has a choice between a full re-advertisement and a shorter notification. The words "if he so decides" make it discretionary.
The proviso: when to advertise again
"Provided that in case of any error in the advertisement in respect of the trademark or specification of goods or services except for any trivial spelling mistake or class or statement of use of the trademark or in any other case as the Registrar thinks fit, the Registrar may advertise the trademark again cancelling the earlier advertisement."
Read plainly: where the advertisement itself was wrong about the mark, the specification, the class or the statement of use, other than a trivial spelling mistake, the Registrar may advertise again and cancel the earlier advertisement. He may do so too "in any other case as the Registrar thinks fit". The sentence is clumsy; the words "except for any trivial spelling mistake" appear to qualify the whole list, but the text does not say so precisely, so check the official wording.
| Situation | Option under rule 40 |
|---|---|
| Correction or amendment of the application after advertisement, section 20(2)(b) | Notification in the Journal, instead of advertising again |
| Error in the advertisement about the mark, specification, class or statement of use (not a trivial spelling mistake) | Advertise again, cancelling the earlier advertisement |
| Any other case the Registrar thinks fit | Advertise again, cancelling the earlier advertisement |
Why it matters for an opponent: a re-advertisement under the proviso cancels the earlier one, and rule 42(1) counts the four months from the publication of the Journal in which the application was "advertised or re-advertised". An opponent should therefore watch for a fresh advertisement rather than rely on the earlier date.
Rule 41: request for particulars of advertisement
"Any person may request the Registrar in Form TM-M to be informed of the number, and date of the Journal in which a trademark which is sought to be registered specified in the Form was advertised and the Registrar shall furnish such particulars to the person making the request."
| Element | Text |
|---|---|
| Who | Any person |
| Form | TM-M (item "For particulars of advertisement of a trade mark under rule 41") |
| What is asked | The number and date of the Journal in which the mark was advertised |
| Registrar's duty | He "shall furnish such particulars" |
| Fee | As notified in 2017 (check the current Schedule), entry 13 lists "Particulars of advertisement to registrar" and "Particulars of advertisement of a trademark to Registrar under rule 41" at Rs 1,000 (physical) or Rs 900 (e-filing) |
This is useful where an opponent cannot find the advertisement date, because the date fixes the opposition period under rule 42. The rule gives no time within which the Registrar must reply.
Example: Neeraj Garments learns that a rival's "Nova Weave" is "accepted" but cannot find it in the Journal. It files Form TM-M under rule 41 with the fee, naming the mark, and the Registrar furnishes the Journal number and date. Neeraj counts four months from that publication to file a notice of opposition under rule 42. Later the Registrar issues a notification under rule 40 correcting the applicant's address. Because that was a notification and not a fresh advertisement, the original date continues to govern; if the Registrar had instead advertised again and cancelled the earlier advertisement, Neeraj would have to use the new Journal.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked. For a how-to view of publication and the opposition window, see our guide on the Trade Marks Journal and the opposition period.
Need help with an advertised mark?
If your own mark has been advertised, or you want to oppose someone else's, the Journal date drives every deadline. Our trademark opposition team can confirm the date and prepare the next step.
Key takeaways
- Applications are advertised or re-advertised in the online Journal.
- The Registrar may notify a correction or amendment in the Journal instead of re-advertising.
- A material error in the advertisement may lead to re-advertisement that cancels the earlier one.
- Any person may ask on Form TM-M for the Journal number and date of an advertisement.
- The advertisement date starts the opposition period in rule 42.
Read next
- Rule 42: notice of opposition
- Rules 37–38: correction and amendment of application and withdrawal of acceptance
- Rule 33: examination, objection to acceptance and hearing
- Trademark opposition explained
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.