Due to the growing awareness of the value of intellectual property rights among Indian firms, it is crucial for both established and new companies to register their trademarks and to be informed of any pending trademark applications that are comparable to their interests. Conducting a thorough clearance check on trademarks, brand names, trade names, business names, etc. is the first step in preventing trademark disputes in order to make sure that any associated trademark infringement issues can be successfully avoided. Ideally, you should do a trademark clearance check before registering your mark. It should include the process of looking for any relevant pending trademark applications, registered trademarks, or even trademarks already in use. However, you can check later if you’re concerned whether the trademark you’re using right now is clear of any legal issues. Therefore, we will examine various Trademark Search Methods in India in this post.
Registering your intellectual property is an essential step in protecting your labour of passion. After selecting a trademark, conduct a public Trademark Search using Trademark Search Online to determine its uniqueness. If someone else registers a trademark that is similar to or the same as yours, you must change it or replace it. You can make sure that your proposed trademark won’t conflict with any already-registered marks by performing a trademark search.
Process for trademark search
- To ensure a speedy and simple trademark registration procedure, LegalRaasta conducts a free trademark name search prior to drafting your trademark application.
- Using Trademark Search Online, the public trademark search is finished.
- We click the “Start Search” button in the search results after providing all the essential data to see the search results. On the table will be the necessary information for each trademark, including the S. No., related trademarks, and images. To view a detailed report of all the trademark findings after ticking all the boxes, click the “report” button.
- The application is subsequently forwarded to the trademark registration for approval.
- The trademark registration investigates any infringement and holds an objection hearing.
- If no objections are raised, your trademark will be registered in 1–1.5 years.
- Therefore, conducting a trademark search is crucial when registering a trademark. Due to the vast number of businesses in India, you should use Trademark Search Online to carry out a trademark search as you may be infringing upon a trademark that has already been registered.
- If no identical trademarks are found after conducting a search, the trademark may be filed.
Benefits of Trademark Search in India
- Your company name or trademark may sound similar to other well-known marks; trademark searches will assist you determine this.
- It provides a list of trademarks that are restricted from private individual registration so that you can check to see if your brand name or trademark is on the list.
- A TM search will give you information and specifications about other trademarks and brand names that are similar to yours and fall under the same Vienna Code Classification if your brand name contains a logo or other visual component.
- If your brand name has gained market recognition, you may be able to register it, therefore completing a trademark search is essential to save time and money.
- It is also avoided to put money and effort toward a goal that might not be achievable.
- Additionally, before the goods and services go on sale, it offers you the chance and time to update the mark.
- We can save money by avoiding the forced rebranding’s accompanying business disruption costs as well as the expenditures related to dispute litigation.
Categories of Trademark Search in India
- Wordmark Search: To conduct a wordmark search, choose the ‘wordmark’ option from the list of search types, and then enter the proposed trademark’s keywords in the box that appears. One can only search using one class at a time in the Indian trademark database. Any prefix approach, such as “Starts With,” “Contains,” or “Match With,” can be used to do a wordmark search.
- Phonetic search: It is used to find words with similar phonemes. With the exception of the prefix method, a phonetic search follows the same methodology as a wordmark search. As a result, the trademark phonetic search can be carried out similarly to how it was previously explained.
- Vienna code lookup: It’s employed in visual arts. Finding similar device marks is the main use of the Vienna code search. The “Vienna code” section must be filled out with the six-digit code before selecting the proper class. All of the marks that contain the device will be shown in the result table after the search.
Why is a trademark search necessary?
- Before submitting a trademark registration application, a public search will eliminate any possibility of misunderstanding that could harm the company’s reputation or brand value, the business, or both.
- If you use the same trademark while conducting business, the other company may bring legal action against you.
- For each company or business, selecting a strong trademark is essential since it serves as the company’s public face by establishing brand value and guiding businesses in selecting the most appropriate trademark.
Classifications for trademarks
This categorization is used by the Indian Trademark Registry to categories trademarks. Due to the fact that each class denotes a certain category of products and services, you must choose the correct class in order to obtain credit. Trademarks are categorized into 45 different classes in accordance with the NICE classification, commonly known as the International Certification of Goods and Services. A specific type of goods and services are identified by each class of trademarks. 11 of the 45 classes are for services, leaving only 34 for products. The classification of goods and services under trademarks is another name for this process. There are several classes that separate the various trademark categories.
Trademark Classification based on Goods
- If you don’t mention the purpose of the finished items, the client can compare them to similar finished things by their usage and function.
- A product with numerous uses can be categorized into any of the classes that correspond to one of those functions, or additional factors like the product’s manufacturing process or operational mode should be taken into account.
- The classification of raw materials or semi-worked goods is based on the material from which they are formed.
- Any product that is a component of another good or is made up of different materials is put in the same class as that other item.
- In all other cases, the first point made above is conclusive.
Trademark Classification Based on Services
- The basis for classifying the services according to the branches of the activities is the explanatory notes and the headers of the service classes.
- When categorizing them, you can also add any rental services in the same category as “services delivered by rented objects.”
- Issues pertaining to guidance, information, or consulting fall into the same category as any service that offers these services.
A trademark is anything you use to distinguish your goods from those of competitors, including words, colors, and logos, shapes of objects, sounds, and three-dimensional designs. In terms of services and goods, a trademark classification is the most important classification. Various classes are used to categories the creation of products and services. In this article, we have provided examples of several types of trademark searches in India. As you can see, carrying out a public search is a necessary step in the trademark application process. Before submitting an application for trademark registration, conducting only a quick trademark search is not always sufficient. The LegalRaasta team is available to assist you in identifying the classification of your items. So, to ease your worries, get in touch with the team at LegalRaasta if you wish to do an error-free online trademark search. On the other hand, a thorough search carried out with the aid of an expert agency will identify any potential disputes with other trademark owners.