Role Of Trademark Search In Ensuring Unique Brand Identity

In this competitive business world, it is difficult to stay afloat, thrive, and expand to international markets. However, at the marketplace where millions are offering the same or similar product or service, reaching the topmost position requires creating of a distinct brand identity. A robust brand image of a company foster customers’ trust, increase credibility of the business, and drive sales for long-term success.

This comprehensive blog highlights the importance of trademark search conducted before applying for a trademark registration.

What is Trademark Registration and Why Does it Matter?

Trademark is a design, symbol, sound, pattern, mark, phrase, or combination of any of these. It acts as a strategic marketing tool which provides business a myriad of benefits including brand protection, increased brand recognition, and enhanced revenue through global expansion. The legal protection allows the trademark owner to gain exclusive rights over its use and prevent any third party from getting its unauthorized access.

Trademark registration plays an essential role in enhancing brand value which is the monetary value of the brand, encompassing its customer loyalty, reputation, and potential for future revenue. In addition, trademark registration proves to be beneficial in the following ways:

• Infringement Protection: When a company or an individual tries to imitate or copy the registered trademark of another company without prior permission, it is considered trademark infringement. By registering the trademark, businesses receive the power to sue the infringers and relay that it has the sole right to use the mark on their goods and services. Trademark registration is an instant evidence that is ample enough to enable a business pursue legal charges against infringers.
• Prevent Confusion: A trademark is a unique identifier of the business in the form of a catchy phrase or an attractive logo. This unique identity allows the customers to recognize the brand from a distance and especially in the market which is clogged with millions of business counterparts.
• Prevent Counterfeiting: Often the brands come across with incidents where their products are being sold under the same trademark. It is done with the intention to deceive customers into believing that they are buying original and genuine products. Trademark Registration acts as an effective process in blocking anyone from creating counterfeiting products and enables businesses to pursue both criminal and civil remedies in any such instances.
• Enhance Brand Value and Reputation: A registered trademark indicates that a brand is legitimate and reliable to proceed with the exchange. With time, a trademark becomes an indicator of a company’s adherence to certain standards and quality practices in the production and selling of goods and services. It leads to increased customer trust and confidence and eventually increases the brand reputation and value.

How Tech Innovations Are Shaping Brand Name Registration? Technological innovations such as artificial intelligence and machine learning are transforming the way businesses make trademark filing, conduct trademark searches, and monitor the use of their mark by scanning through web portals and platforms.

What is Trademark Search in Trademark Registration?

In India, trademark registration is managed by the Controller General of Patents, Design, and Trademarks which is head of the Trademark Registry. Every entity willing to register their trademark is recommended to conduct a trademark search to avoid any potential conflicts and increase the chances of registration.

Trademark search is a process of examining a trademark database to find out whether the proposed logo, brand name, pattern, or other trademark element is already in use or not. The primary purpose of this search is to ensure that no company infringes on the trademarks of others.

The website is an information center that provides detailed insights into trademarks that are registered, removed, and pending. Applicants can use the ‘Public Search’ option and select the appropriate search type which is available in three options namely wordmark, phonetic, and Vienna Code. Wordmarks showcase trademarked phrases and words, phonetic search for sounds similar to the proposed one, and Vienna Code Classification provides for designs and other visual elements.

Trademark search before filing for trademark registration provides the following benefits:

• Assist in Avoiding Legal Conflicts: Trademark search ensures that no business or individual is using the same or similar trademark. The search checks whether the trademark is available for usage and enables companies to mitigate and avoid hefty litigation costs and legal disputes that can turn into severe financial setbacks.
• Protection from Infringement: Imagine a company that decided to move forward with its trademark logo and used it extensively in its marketing campaigns, packaging, and online platforms. However, all its efforts washed away when it received a legal notice to stop using the logo as it infringes on a registered trademark. Thus, it is not only necessary to register the trademark but also to conduct due diligence and examination to avoid any bottlenecks that may turn into the most expensive decision.
• Save Costs and Time: Trademark search saves time and resources invested in re-applying for the trademark in case the trademark registry rejects the mark or a third party raises an objection. Since building a brand incurs substantial costs, any litigation on its trademark can not only hurt the brand’s reputation, it will also lead to strained business relationships, financial losses, and long and costly legal battles.
• Enhance Global Recognition: By filing for trademark registration and conducting a trademark search before filing, companies can freely engage in branding strategies without worrying that someone will infringe on their intellectual asset. It will secure the investment undergone in marketing efforts and prevent any legal and financial blow to the brand’s reputation. All this will facilitate global expansion and open up newer markets for scaling up the business, eventually providing international recognition.

How Brand Name Registration Boosts Business Credibility? Business Credibility depicts the ability of a business to demonstrate competence and transparency through its actions, allowing customers and other stakeholders to place their faith and trust in their operations. Brand name registration enhances the brand’s credibility by demonstrating to customers that the brand is reputable, reliable, and trustworthy. It assures the customers that the products or services of the company are legit and established through a legal set procedure.

How does Trademark Search Establish a Distinct Brand Identity?

Trademark elements are an integral part of brand image as they highlight the essence of the business operations and its goodwill and reputation. It serves as an effective tool in demonstrating the company’s emphasis on quality, authenticity, and reliability in its product and service. Thus, as prescribed by the Trademark Registry, a trademark must be unique and not generic or descriptive.

Trademark registration applicants are recommended to perform a comprehensive trademark search before filing. The search must include examining the already registered trademark, trade names, company indexes, exploring newspapers, trade literature, etc., to ensure the uniqueness of the proposed trademark.

To initiate the search, applicants must clearly identify the relevant classes of goods or services their proposed trademark falls into. Access the database of the Trademark Registry to facilitate easy and preliminary search. One must keep in mind that trademark searches are important not just to find identical matches, but also to detect similar logos, sounds, or other trademarks that can also cause legal repercussions.

Trademark search is based on the cornerstone which creates a strong brand identity. It is this identity that allows companies to communicate their values and ideas through a set of verbal and visual elements. Customers soon start recognizing the brand’s quality goods or services with its trademark, shaping their perception and fostering loyalty.

What are Key Differences in Wordmark vs Design Mark Trademark? Word mark protection mechanisms safeguard the words, letters, numerals, or common punctuation marks. On the other hand, a design mark trademark protects the visual elements of a symbol, logo, or design and encompasses graphics, font, colors, and spacing as well. Wordmark provide protection where it disregards design or style. However, the design mark trademark protects the exact design including its stylized text.

Conclusion

Trademark registration is a process where a business legally obtains the exclusive right over its proposed trademark (symbol, brand, name, logo, or any other identifier). Trademark registration safeguards a brand’s name, visual elements, slogans, sounds, specific colors, and packaging look, among others. A registered trademark depicts that the business is serious about its operation, and reputation, and values customer loyalty towards them. The step enables customers to quickly identify the brand through its mark in the clogged market, and relay the message that their product and service cannot be intimated.

Trademark search is a vital step before proceeding with trademark registration. It conducts a thorough search to check that the desired mark is not is use by any other party. If the same or deceptively similar mark already exists, applicants are asked to propose another trademark idea or alter the proposed one. Reach out to the trademark professionals of Legal Raasta Private Limited to get your trademark search performed in a hassle-free and quicker manner.