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1. Free Consultation
2.Trademark Search
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PUBLIC SEARCH OF TRADEMARK INDIA
A trademark public search is an important step in the process of adopting or registering a trademark. This search confirms whether the name or logo is similar to a registered trademark.
A trademark Attorney or agent usually searches with the Trademark office to find out if anyone has already registered identical trademarks. Such a trademark search is conducted before filing the trademark application.
Generally, Trademark office do not charge anything for public search, but Attorney or Agent may charge, the cost is between Rs 0 and Rs 500.
TRADEMARK SEARCH
Trademark is a word, logo, design or symbol which differentiates a product or service of one from others. It is a part of intellectual property rights.
As per Section 2 (zb) of The Trademarks Act 1999, trademark refers to a mark that is capable of being represented graphically; which is capable of distinguishing the goods or services of one person from those of others and may include the shape of commodities, their packaging and combination of colors.
Before applying a trademark for registration, its search is important so that it does not clash with any other trademark and thus prevents any unwanted situation in future.
IMPORTANCE OF TRADEMARK SEARCH
Trademark search give you details about the classes where you want to register your trademark. It will also include a list of identical or deceptively identical trademarks and finally Attorney’s recommendation about the proposed mark and also possibility of the mark attaining registration.
Search of Trademark help in identifying similar trademarks.Provide information about registered trademarks and trademarks which are phonetically and visually similar.
Search of trademark gives a clear idea about the proposed mark and the possibility of attaining registration. Proper trademark search reduces the chance of objection from Trademark registry.
Search of trademark ensures not to infringe someone else intellectual property rights. Trademark search eliminates conflicts with similar existing trademarks.
TRADEMARK CLASS
Without having knowledge about trademark classes, trademark class search in India is improper and incomplete. As per the Nice classifications, there are in total 45 classes. First classes (1-34) cover goods and rest (35-45) cover services. For e.g. Tea falls in Class 30, Cement & Plywood in Class 19. Likewise advertising falls in Class 35 and construction falls in Class 37. Trademark classification list is given on IP India website: ipindia.gov.in (Trademark →Classification of goods & services).
HOW TO CONDUCT TRADEMARK SEARCH IN INDIA
Trademark search in India is generally conducted in the Indian trademark database. Trademark search type is divided into three types: Word mark, Phonetic, and Vienna Code.
Trademark Search Type | Criteria to be followed |
Word mark | Enter word name, class & goods description and click search button |
Phonetic | Enter name, class & goods description and click search button |
Vienna code | Enter Vienna code and class and click search button |
The result panel will show the list of trademarks that are registered/objected/abandoned/removed/withdrawn, which will help to known the position of the mark to be applied. | |
Word mark Search– During the time of this search three things to be taken care of and they are- choosing the word mark option, entering the word name and then class. It is to be remembered that same wordmark will appear for that class only. For Search in other classes, class details has to be entered every time.
Phonetic search– Phonetic search helps when trademarks use the same pronunciation. Similar-sounding trademarks can create confusion, and one can use phonetic search for these. Therefore, you can follow the same step mentioned above for the phonetic search of the trademark.
Vienna code search– This type of search is performed to find a similar device mark. The trademark office provides a Vienna code for the trademark applicant having such mark. While doing a Vienna code search, one must enter the Vienna code followed by the class of the goods or service.
The link for public search of trademark in India is:-
- Go to IP India website: ipindia.gov.in
- Select Trademark and click related links
- On related links click Public search
- On clicking public search, you are directed to external website, where you have to click, yes.
- On clicking yes, a new page will open, where you need to select word mark or phonetic in Search type.
- In the next step, enter the name of trademark you desire to conduct search in the first box. In the second box, you are required to enter the class (only one class at a time) as per the goods or services.
- In the end, click search and immediately all the trademark which are similar or deceptively similar to the search mark will appear with all the details like applicant name, company name, type of mark, class, goods description, status of the mark, date of application etc. from where you get an idea where your trademark stand.
CONCLUSION
Therefore, conducting a trademark search in India is an integral part of filing a trademark application to know whether your brand name can be registered under the Trademark Act. If any similar mark exists in the market on search, change your mark. Such a search gives idea about the use of the mark by any other party. Based on such a search, we recommend our client to apply trademark so that possibility of registration is maximum.
Trademark search may be challenging and time consuming and if you do not have time or experience our company will help you in the process.
It is imperative to do search of trademark before filing an application. If all the boxes are ticked beforehand, the registration process will be smooth and easy.
Feel free to reach out to us at Agarwal Consultancy Services for all your trademark registration-related queries and assistance!
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FAQ's on Public Search of Trademark India
Yes, you can conduct on your own in IP India website: ipindia.gov.in, however it is recommend to take the guidance of trademark attorney or professional for a comprehensive search and expert analysis of the results.
No, but it is highly recommended.
Trademark search has no fixed time, it depends on the type of search. Generally it can be completed within few hours a day, while comprehensive search and analysis takes more time.
There are several benefits, but the most important benefit is that it will prevent you from using/adopting any mark which has already been taken by other prior to you.
There is no fixed price. We conduct search of trademark free of cost.