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Trademark Search

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Trademark Search - Overview

In India, trademarks are crucial for both building brand identity and protecting intellectual property. Before investing money in brand creation, be sure the intended Trademark name is available. This article provides a thorough how-to for determining Trademark availability in India. By taking this guidance in mind, businesses and company owners can lower the risk of counterfeiting, make wiser decisions, and successfully defend their brand names in the Indian market.

Explanation of Trademark Search

A crucial first action in adopting or registering a Trademark is doing a Trademark search. Individuals and organizations can use searches to confirm the uniqueness of their brand names and avoid unnecessary legal issues.

An owner of a registered Trademark has the sole right to use the mark to identify or symbolize its goods or services. The process of looking up the Trademark name, Logo, or designs you wish to trademark from the trademark database is called Trademark Search. The applicant may alter their trademark name if there are similar trademarks or if they are registered or pending registration. Ideally, you should complete it before submitting your Trademark application.

Acts, Rules and Regulations Related to This:

The Act on Trademarks, 1999: In India, this is the main Trademark law. It explains the laws that govern the country's protection, enforcement, and registration of Trademarks.

The 2017 Trademark Regulations: These regulations include comprehensive protocols and recommendations for all areas of Trademark registration and related actions, like search operations.

Advantages of Trademark Search

It is best to search for Trademarks before registering. You can save time and work by coming up with something original and opting not to register the present mark in the instance that Trademarks exist that are similar to yours.
Rejection is the following scenario if your trademark breaches the Trademark Act of 1999.
Your time and effort will be further saved even after the registration process is complete. Consider the scenario where your trademark has been registered but could be withdrawn due to further wrongdoing. You could have avoided this if you had conducted research into Trademarks.
You would learn from the search that your brand is enough to be original and captivating to draw customers.
It will give your brand an air of exclusivity.
The recently applied trademark will be modified, or a new name may be selected if an analogous Trademark already exists.
A Trademark or brand name may be registered if it is unique. It is usually advisable to carry out broad research on the trade mark.

Trademark Classes

The worldwide categorization of products and services, named the NICE classification of Trademarks, has 45 classes, including classes 1 through 35 for goods and classes 36 through 45 for services. A class search would be necessary before starting a trademark search to find out which class the product is in.

Types of Trademark Search Categories

There are three categories in Trademark Search:

Wordmark Search

To perform a Wordmark search, select "Wordmark" from the search type menu and enter your suggested trademark's term or keywords in the "Wordmark" box.

There are 45 distinct classes for Trademark registration. The Nice Classification states that Classes 1-34 deal with a variety of goods, and Classes 35-45 deal with services. Therefore, the class must be entered into the "Class" box.

Vienna Code Search

The Vienna code search is primarily used to find similar device marks. To use it, enter the six-digit Vienna code in the "Vienna code" box and select your application class. All of the marks that featured the device would be shown in the result table after the search.

Phonetic Search

Without the prefix strategy, the phonetic search would be similar to the Wordmark, which was the previously discussed search method. Consequently, you may run a phonetic search for the trademark using the same procedure as described earlier.

How Can a Trademark IP India Public Search Be Performed?

If you are looking for a trademark that is registered with the trademark registration, trademark searches are crucial. However, it's crucial to understand how to perform an internet Trademark search before you begin. You can perform a TM search in a variety of methods, but the two most popular ones are listed below:
When searching for a trademark on the internet, the best alternative available to you if you're looking for information on an existing trademark is to search online.
To begin your search online, enter keywords related to Trademarks or brands you think would be comparable to your own.
Proceed to the next page if the name you typed doesn't match anything in your specified search parameters.
Check the Indian government's Trademark registry or do an IP India public search to see if the name is on file with the Trademark registry.
Occasionally, these databases will offer some information about whether or not another business has submitted a request to have their brand name protected against your usage of it.
Each database record will indicate whether another party has filed for protection of their brand name against the usage of yours and typically give links to the application in question.

Observations to Make During Your Trademark Search Availability:

Making sure you are searching inside the appropriate legal jurisdiction is the first step in performing a reverse mortgage search online.
The government organization charged with registering copyrights and Trademarks in India is the Indian Trademark Registry.
Additionally, it is advisable to conduct a search through the Trademark office in every country in which your company has registered or plans to submit for a Trademark.
It's crucial to decide what kind of trademark you're looking for next. Is the name of your brand a search word? A symbol? A design? An identity marker?

Prior to starting your search, be sure you know exactly the kind of mark you're after! Additionally, when looking for Trademarks, you might want to think about distinguishing between products and services. Some Trademarks are restricted to use on products (for example, "Hyundai" is only allowed on automobiles), while others are more easily applied to services (for example, "Samsung" is allowed on Electronics). Even though it could be more challenging to locate a Trademark that corresponds with services-based goods, you should nonetheless submit an application.

Requirements for Trademark Search

Identity proof of Trademark owner
Can use (TM) symbol in a single day
One-page authorization letter
Free Legal search report
Soft copy of Logo (also can be applied without Logo)
Complete the online process

Steps to Check for a Trademark with Illustration:

Consider launching a new energy drink product called 'Energyburn'. This search will provide you with a list of written characters that are similar or closely related to the character you want.

Start with the Indian Trademark Registry: Visit the official website of the Indian Trademark Registry (https://ipindiaonline.gov.in/) and access their Trademark search database.
Perform a Basic Search: Enter the name "Energyburn" in the search bar and see if any identical or similar Trademarks exist. This search provides a list of registered trademarks that are similar to or exactly match your proposed trademark.
Review the Results: Carefully review the search results to identify any Trademarks that may conflict with yours. Keep an eye out for Trademarks covering comparable products or services, particularly in the beverage sector.
Expand the Search: Conduct a broader search by varying the search terms. Try searching for "Energyburn" without the merged name, or search for similar terms that may be phonetically or conceptually similar.
Analyze the Results: Evaluate the search results to determine the potential risk of Trademark infringement. If you encounter a Trademark conflict, check to see if your registration is at significant risk or if there are ways to make your trademark stand out.
Connect with a Trademark Attorney: If you have questions about the findings or need help understanding them, you might want to speak with a Trademark lawyer with experience in Indian intellectual property law. They will support you in this process and provide comprehensive advice on the accessibility of your ideal brand name.
Proceed with Registration: You can file a Trademark application with the Indian Trademark Registry if the search results show that "Energyburn" is eligible for Trademark registration and there are no competing Trademarks that might endanger your application.

What Should You Do After Receiving the Search Report?

A window displaying all associated Trademarks will open when you click the report button. You are not allowed to submit the Trademark application if you search for a specific name using a Trademark register and find it existing in the database.
When marks that are identical to or similar to your brand appear in search results, you should take the following actions to verify their validity and the existence of any pertinent Trademark conflicts.
To find out the status of a Trademark, enter its application number in the E-register for the relevant trademark.
Examine the "Application date" field after that. It details the submission date of the Trademark application.
Lastly, review the data in the "used since" section. It details the initial usage date of the trademark.
Examine the "valid up to" field after that. This merely specifies how long the Trademark registration will keep this mark on file till it is renewed.

Why Choose Kanakkupillai?

Kanakkupillai is a leading legal consulting company in India that offers comprehensive services related to Trademark Registration. Protect your brand and register your trademark with ease. Secure your business identity with Kanakkupillai's Trademark services. Let us handle your Trademark registration while you focus on your business. We have the most trusted professionals for hassle-free Trademark registration. Register your trademark virtually, anytime, anywhere with Kanakkupillai.

If you want to conduct a Trademark Search, don't hesitate to contact us immediately.

Frequently Asked Questions

What is meant by a Trademark search? +

A process to determine if a Trademark is already registered before submitting an application for a new one.

What is a Knockout Search? +

This preliminary search is a quick analysis conducted to find evident Trademark disputes. It saves time and resources by assisting in the early removal of clearly conflicting marks.

What is a Comprehensive Search? +

This is a more thorough search that looks across many databases in order to find potentially conflicting Trademarks that may not be readily apparent. It entails looking for variants, misspellings, phonetic similarities, and translations of the suggested mark.

Full search: what is it? +

A "full search" is a search that looks through all possible avenues for trademark safeguarding within the Trademark system.

What is the portal at which I can perform a Trademark search? +

You can go to the official website: https://ipindiaonline.gov.in. Click on the Trademarks tab and then click on Public Search.

Why is a public search for IP India important? +

To ensure that your mark's distinctiveness and to refrain from violating already-existing Trademarks.

What do TM and (R) stand for? +

An applicant may use the TM symbol following mark filing, and once the mark is registered, the (R) symbol may be used. Using (R) before registering your mark is prohibited.

A public search: what is it? +

IP India The process of searching for Trademarks that the Trademark registrar has formerly registered is known as "public search." This kind of search is crucial for companies wishing to register their trademarks since it keeps them safe from trademark infringement and related legal complications.

Which Trademark class apply to the products or services I provide? +

Trademark consists of three categories and forty-five classes in total. Manufacturing: Class 1 through 34 Trade: Class 35 Services: Class 35 through 45

What occurs if a mark that is similar is found by my IP India Public Search? +

To evaluate such hazards, you may need to reevaluate your Trademark selection or consult with a Lawyer.

What occurs if I fail to search for Trademarks? +

There is a risk of violations of already-registered trademarks, litigation, and rejection of trademark registration.