How to Start a TRADEMARK SEARCH

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An Overview of Trademark Search

Performing a Trademark Search is crucial before filing a Trademark Registration application. This search helps identify any existing Trademark applications or registered Trademarks that may be similar or identical to yours. A Trademark Search involves providing the word mark and the relevant class under which the examination is conducted. Trademarks are classified into 45 distinct classes, as defined by the NICE Classification system, each representing specific products or services. To conduct an effective search, you can use a Trademark Class finder tool.

What is a Trademark?

A Trademark refers to a logo, design, word, or symbol that differentiates one product or service from others in the market. As defined in Section 2 (zb) of the Trademarks Act, 1999, a Trademark includes marks or logos that distinguish the goods or services of one individual from those of others. It can also cover the shape, packaging, and color combinations of goods.

Significance of Trademark Search

  • Helps avoid infringement of applicable laws.
  • Ensures that the Trademark is not only distinctive but also properly classified.
  • Reduces the risk of conflict with existing trademarks.
  • Guarantees the availability of the Trademark, preventing potential duplication.

Why is Conducting a Trademark Search Important?

  • A Trademark Search identifies any registered Trademarks that may be identical to your proposed mark.
  • Under Vienna Codification, logos are also part of the Trademark classification, and the search can highlight similar brand names.
  • If a conflict arises with an identical Trademark, you can revise the proposed name or logo.
  • Trademark searches also provide access to a list of prohibited marks, allowing you to ensure your brand name doesn't fall under such restrictions.
  • Conducting a search is necessary before registering a Trademark to avoid potential legal issues. If your chosen name or logo is unique, you can proceed with the Trademark Registration process.

It is strongly recommended to conduct a Trademark Search before filing a Trademark application to ensure the name or logo is available for registration.

What is the Trademark Database?

The Trademark Database is managed and regulated by the Controller General of Patents, Trademarks & Designs in India. It is an essential tool for both professionals and non-professionals to conduct Trademark searches online. The database contains all Trademark applications submitted to the Trademark Registrar in India, including registered, expired, objected, and allied Trademarks. By searching this database, users can access valuable information related to their Trademark queries, helping them understand potential conflicts or availability before proceeding with registration.

Different Classes of a Trademark

According to the NICE Classification, which is an international system for classifying products and services, there are 45 distinct Trademark Classes. Classes 1 to 35 are designated for goods, while classes 36 to 45 are reserved for services. Before conducting a Trademark Search, it is crucial to perform a Trademark Class Search to determine the specific class that the product or service belongs to.

Process of Trademark Search

To conduct a Trademark Search in India, follow these steps:

  1. Visit the Official Website: Go to the official Trademark Registration website in India.
  2. Navigate to the Public Search Section: Click on the "Trademark" tab and select the "Public Search" button.
  3. Select Search Type: Once the new window opens, choose "Wordmark" as the search type.
  4. Enter the Wordmark: Type the wordmark you wish to search in the database. You can compare your search query with three different options: “Start with,” “Match with,” and “Contains.”
  5. Select the Appropriate Class: Choose the Trademark class that applies to your product or service. There are 45 classes, with each representing a specific group of goods or services. The Trademark you are searching for will be relevant to the class it was applied under.
  6. Initiate the Search: Click the search button to begin the Trademark search.
  7. Review Results: The search results will display a list of Trademarks that are either registered, abandoned, or objected, helping you assess the availability of your desired Trademark.

Some Vital Trademark Search Tools You Should Know

Here are some important Trademark Search tools available on the official website:

  1. Prohibited Marks: This tool provides a list of marks, logos, or names that cannot be used in a Trademark. Using any of these marks will lead to the rejection of the Trademark application.
  2. Class Details: This tool helps determine which class a particular product belongs to, based on the product type. The search is available in various languages.
  3. Vienna Code Classification: This tool provides details of the international classification of figurative elements of marks, which is essential for checking a Trademark against the Vienna Code criteria.
  4. Well-known Marks: This tool lists all the well-known marks as recognized by various authorities.

How CA Anytime Helps You in Trademark Search Service?

CA Anytime's Trademark Search service goes beyond simply identifying similar marks or word matches. We also identify similarities in the meanings of marks. Additionally, we can help you design customized Trademark watch parameters tailored to your specific needs. You can store and review your watch reports on our platform. To ensure that you can quickly protect your Intellectual Property (IP), we provide regular reports, alerts, and updates to keep you informed and proactive.