A trademark is a distinguishing phrase, word, symbol, or sound used to identify a particular product and set it apart from all other products. It acknowledges the corporation’s ownership of the brand.
To register a specific trademark, a TM-A application must be delivered to the Trademarks Registry. Additionally, the required payments must be made. It is always a good idea to keep track of the trademark’s status because there are times when the applicant may need to take action to make sure the trademark gets registered quickly.
Check the trademark registration status
A trademark search is possible in the Indian trademark database. This search will turn up any existing trademarks that are identical or similar. Conducting a trademark search before deciding on a brand name is essential since it might save you time and money.
A thorough investigation must be conducted before selecting a brand name. Conducting a trademark search is the first stage in every brand launch or trademark registration since it enables new brands to prevent infringing upon the trademark rights of third parties.
Overview of trademark status
Understanding what each type of status means is essential to know what to do in a given situation.
1. Marked for exam
Following a preliminary review, if the trademark receives a “Formalities Check Pass,” it will be submitted to a trademark examiner, who will carefully review all the supporting documentation and the application to ensure it is complete.
2. Objected
If this status is given to a trademark, the examiner has voiced concerns about the property and its registration. In this situation, a response must be provided to the examination report within one month after its release. The trademark status will reflect “Refused” if the response is not provided within the allotted time.
3. Refused or abandoned
The application will be marked as “Refused or Abandoned” if the examiner is unsatisfied with the response to the Examination Report or even after a Show Cause Hearing.
4. Opposed
The general public has three to four months from when it is publicized and published in the Trademark Journal to reply with a trademark objection. Any such opposition made after the allotted time will not be considered. However, the status of the trademark will reflect “Opposed” in cases where there is resistance from a third party.
5. Withdrawn
When the trademark status is “Opposed,” the applicant can take the case to court. The applicant can voluntarily withdraw the trademark application if they decide not to pursue the matter further. “Withdrawn” will be the trademark’s status.
6. Registered
A certificate of registration is given to the applicant about his or her application by the Trademarks Registry once the trademark application has passed all stages of examination and the “Accepted and Advertised” stage.
Steps for Conducting a Public Trademark Search
Step 1: Selecting “trademark type” for the trademark search
After deciding on a class, the following step in the trademark search process is to see if the brand name is already available using the methods below. On the IP India public search website, the official trademark search portal can be used to conduct a thorough trademark search.
You can look for names on this page by using the official trademark search portal in India to access the trademark search.
Step 2: Performing the search
There is a second drop-down choice next to the wordmark in the first row. Type your company’s name into the box next to “Contains” after selecting it from this list. For instance, if the brand name is “Kanakkupillai” and the applicable class is 35, input the information in the appropriate fields and click the “Search” button.
The precise search results will be visible on the screen when you click the search button. If you haven’t noticed, there is a drop-down menu for the “wordmark” area. Three options are available in the drop-down menu: “start with,” “contains,” and “match with.”
- Start with: Only trademarks in the trademark registration records that start with the data you entered in the wordmark box will be displayed when you use this search filter.
- Contains: Using this search filter, you can get results that include all trademarks that contain the provided keyword.
- Match with: You can use this search filter to return results that contain all trademarks that match the data you enter in the wordmark box.
Step 3: Understanding the search results obtained from the trademark search
Below is a list of the search results for the term looked up in the previous stage.
Step 4: Performing a “phonetic” search online on the official search portal
A phonetic trademark search is done to locate trademarks with names that sound similar to one another.
By selecting a phonetic from the first drop-down box under Search Type, entering the brand name and class specified above, and then conducting a second search as directed, you can search for the same thing.
Tips for conducting a trademark search
1. Conduct multiple searches
To get started, look through the trademarks included in the USPTO’s Trademark Electronic Search System (TESS). This search’s results include registered trademarks and the relevant trademark categories. There are 11 types of trademarks for services and 34 classifications of trademarks for goods. The cost of searching TESS is nothing. The USPTO website has instructions on how to do a successful trademark search. TESS will show both active and inactive trademark registrations and applications.
2. Use variations of the mark.
One of the most important kinds of trademark searches is trademark variation searches. A wordmark change cannot sound the same while also looking the same. A few examples of word variety are as follows:
- Searching for fusion can be done using phrases like fusion, phusion, and phuzion.
- Other spellings of natural include reyal, reiyal, riyal, etc.
- You can also use phrases like kuriocity, quriocity, etc., to search for curiosities.
3. Search for similar marks
Searching for words related to your wordmark that are phonetically and phonologically similar to it is known as a variation search. The three reasons why variant searches are crucial to trademark searches are as follows:
- Determines the possibility of confusion
- Prevents infringement of trademarks
- Saves money and time
Searching for trademark status
National and international databases
The Trademark Electronic Search System (TESS) is the public search interface for the United States Patent and Trademark Office’s (USPTO) database of registered trademarks and formerly pending applications. The USPTO’s examining attorneys have access to the same trademark database.
The ROMARIN trademark database, IPIndia—Indian Trademark Registry Search, and International Trademark Search are further databases.
Additionally, it is typically safer to look through several common law databases. This can include publicly accessible search engines like Google, Yahoo!, and Bing, business directories, and the Yellow Pages. You may be certain that using your mark won’t be complicated by any reservations, restrictions, or interruptions from a third party by using this search.
Legal counsel
Like with any specific activity, engaging experts to get an in-depth report on your situation is always good. By skipping a professional search, you might not save much on legal costs if your mark infringes on someone else’s.
An important but sometimes ignored business requirement is to hire a trademark attorney to handle every aspect of your company’s trademarks. However, retaining legal counsel could benefit your business and reputation.
Steps to check trademark status
After applying, the following steps can be taken to determine the trademark’s status:
Step 1: Log on to the website at http://ipindiaonline.gov.in/eregister/eregister.aspx.
Step 2: The first option that says “Trade Mark Application/Registered Mark” on the left side of the page should be chosen. When it is chosen, two choices show up. The National IRDI Number should be selected.
Step 3: The next step is to input the trademark application number. The captcha code must be correctly inputted as well. Click “View” once the details have been entered.
Step 4: Your application’s status will be shown on the website once you click the “View” button.
Conclusion
Using the search techniques mentioned earlier, one can quickly assess whether a brand name is available; however, contacting experts is always advised. An expert has the specialized knowledge necessary to conduct a thorough trademark search and make an informed choice about trademark laws and business traditions.
The Chennai-based Kanakkupillai.com website, owned by Govche India Pvt. Ltd., has reliable and competent staff that can respond to your inquiries about trademark registration online. Additionally, they offer a wide range of trademark registration services that can help you safeguard and increase the value of your brand.
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