All you need to know about Trademark Search Before registering a Trademark it is essential to check for violations/ infringement of existing trademarks as it can raise objections in the eyes of the law.

Introduction

LegalRaasta’s Trademark Search is a one-stop shop for all your trademarks searching needs. It gives a bird’s eyes view of all the things required in a trademark search. It provides a list of all well-known trademarks, prohibited marks, Vienna code classification, and International Non-Proprietary Names. At a quick glance, you would be able to eliminate grounds for absolute refusal of the trademark.

The second way to do it is through entering a keyword, being a wordmark or under the Vienna code or a phonetic device and check for similar marks in different classes in reference to marks “starting with” or “containing” or “matching with”. This way you can make a search report of marks in various classes that might be similar to your mark and thus avoid relative refusal of trademark and future disputes.

There are various other databases of World Intellectual Property Organisation (WIPO), USPTO, EU IPR authority and databases of other countries that can be checked in case of an international trademark application under Section 154 of the Trade Marks Act,1999.

Anyone can do a trademark search but interpreting the search results is altogether a whole different ball game. While conducting a search there will be very minute similarities between the marks which you might fail to pick up but an expert would notice instantly. So it is better if you ask for a search report from a lawyer.

Read more: Consequences for trademark infringement

Pursuant to the Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957, a Nice Classification of Goods and Services is published under the aegis of the World Intellectual Property Organisation (WIPO) and is available on their website. India is not a signatory to the Nice Agreement nonetheless, follows it with precision. In 2010, the Trademark Rules were amended to demerge certain services from class 42 and create classes 43, 44 and 45 to align it with the Nice Classification.

Perhaps the most comprehensive trademark database is WIPO’s Global Brand Database. It is a database of all types of Intellectual Property ranging across several countries and national, regional and International IPR regimes.

“Perform a free Trademark Search before applying for it.”

Benefits of conducting a Trademark search before registration

Following are the advantages of conducting Trademark search:

  • It prevents you from spending resources and money on a mark that may not be available.
  • It provides you with time and flexibility to modify your mark before you launch your product/service
  • It helps you to avoid the costs business disruption associated with a forced rebranding
  • It helps you to avoid the costs of litigating a dispute
  • It provides you with insight on how to brainstorm for a mark mindful of potential registrability concerns.

For further more information regarding trademark registration form, trademark search or International trademark registration, visit our website: LegalRaasta and follow our blog. Our experts will help you to get the trademark registered. So, give us a call at 8750008585 and feel free to send your query on Email: contact@legalraasta.com

Related Article:

What is the difference between Trademarks and Service Marks?

How to get Trademark Rectification

Trademark Guide: Definition, Classes, registration process, fees & time

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey