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Trademark search is done to ensure that any trademark an applicant wish to register, does not cause likelihood of confusion with an already applied mark. We at LegalRaasta offers free service of trademark search for you. We have the updated database for ease of process and this is a hassle-free online process for you.
Types of Trademark Search
Trademark Search Classes
According to the NICE classification, trademark is classified into 45 categories. Among this, 34 classed represents goods and 11 represents services. Since, each class shows unique category of goods and services, so you should choose the right class for your trademark. The process if carried out, once you select the category/class for your goods/services.
Classification of goods
- In the case of finished goods, it is classified according to its purpose or function. If the function is not mentioned, then the user can classify it by analogy with other comparable finished products (mentioned in the alphabetical list). And even if this is not possible, then an applicant can classify on the basis of the material of which the product is made or its mode of operation.
- In the case of multi-purpose finished goods, it could be classified on the basis of any of its function. If the function is not mentioned, then it could be classified on the basis of the material of which the product is made or its mode of operation.
- In the case of raw materials, whether unworked/semi-worked, they are classified on the basis of the material they consist.
- In case a product is made using different materials, then it is classified on the basis of the material that predominates.
- Any good that forms part of another product is in principle classified in the same class as that product only when the same type of goods cannot normally be used for another purpose. In any other case, the first point mentioned above applies.
Classification of services
- The principal basis on which the services is classified is according to the branches of activities specified in the headings of the service classes and in their explanatory notes. And if this is not the case, then this is done using other services mentioned in the Alphabetical List.
- In the case of any rental services, the classification is in the same class as the ‘services provided by means of rented objects’.
- Any service that provides advice, information or consultation are classified in the same class as in the case of matter of the advice, information or consultation.
|Classes||Category of trademarks|
|Class 1||Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.|
|Class 2||Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants|
|Class 3||Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics|
|Class 4||All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.|
|Class 5||Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.|
|Class 6||Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes and other small metal hardware, also ones are included|
|Class 7||Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs) and agriculture machines (hand operated not included).|
|Class 8||Hand tools, cutlery, razors and side arms.|
|Class 9||Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.|
|Class 10||Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.|
|Class 11||Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.|
|Class 12||Vehicles and apparatus for locomotion (in/by land, air or water)|
|Class 13||Fireworks, Firearms, Explosives, and ammunition (also projectiles).|
|Class 14||Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.|
|Class 15||Any Musical Instrument|
|Class 16||Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paint brushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.|
|Class 17||Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).|
|Class 18||Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins and traveling bags; parasols, umbrellas and walking sticks also harness and whips.|
|Class 19||Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.|
|Class 20||Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.|
|Class 21||Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.|
|Class 22||“Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).|
|Class 23||Threads and Yarns (textile use).|
|Class 24||Textile and their goods; bed covers and table covers.|
|Class 25||Footwear, clothing, and headgear.|
|Class 26||Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.|
|Class 27||Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile|
|Class 28||Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.|
|Class 29||Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk and its products, oil (edible).|
|Class 30||“Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.|
|Class 31||Products from agriculture, forest and horticulture and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals|
|Class 32||Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.|
|Class 33||Alcoholic drinks (excluding beers).|
|Class 34||Smoking articles, Tobacco, and matches.|
|Class 35||Business Management; advertising; business administration and other office functions.|
|Class 36||Financial affairs, Insurance; Monetary affairs; real estate affairs.|
|Class 37||Repair, Building construction, Installation Services.|
|Class 39||Packaging and storage of goods; Transport.|
|Class 40||Treatment of Materials.|
|Class 41||Providing training; Entertainment; sporting; Education and other cultural activities.|
|Class 42||Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their designing.|
|Class 43||Services related to providing drinks and food or temporary accommodation.|
|Class 44||Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture and forest services.|
|Class 45||Legal and security services; personal and social services.|
Process Of Trademark Search
Why is Trademark Search Necessary?
Trademark search is very advantageous at many steps of your trademark registration process. The following are the benefits of trademark search:
- Before registration, it is advised that you conduct trademark search. This would save you time and effort, as if there are any trademarks similar to yours, you can opt for something novel and won’t register the current mark.
- There is also a chance of refusal/rejection of your trademark if it doesn’t comply with Trademark Act, 1999.
- It will continue to save your time and effort even after the registration process is through. For instance, let’s say that you have registered your trademark, but afterwards there is some infringement and so it is liable for revocation. This could be avoided if you have done some trademark prior to this.
- The search would let you know that your brand is different and attractive enough to attract customers. It will create a sense an exclusivity to your brand.
Trademark Portfolio Management
Docketing of filed application
Tracking upcoming deadlines
Informing the clients about the deadlines
Coordinating with foreign attorneys regarding any application filed outside India
Complete management of application till registration and renewal
In case one uses a registered trademark without the authorization of the trademark owner, then it is considered trademark infringement. It is an offence under the Trade Marks Act. Under this, the registered trademark owner can issue a notice to the infringer to stop the use of the mark.
Even after this, if the infringement is continued, then an action to cease all goods that violate the Trade Marks Act could be initiated. And the claim for the damages can be initiated.
Frequently Asked Questions
• First, you need to visit our website: https://www.legalraasta.com/trademark-search/
• Then you need to fill in the required details. Along with the query for our experts.
• The trademark should be capable of represented graphically.
• The trademark you use should be capable of distinguishing your goods and services from the other.
• If the mark is descriptive
• If the mark is not distinctive
• If the mark is misleading, deceptive or disparaging
• If the mark is functional
• If the mark is generic
• If the mark consists of a geographical indication
• If the mark is against public policy or principle or morality
• If the mark is used in misleading manner
• If the mark is prohibited in the jurisdiction
• If the application for or registration of the mark was made in bad faith
• In case the trademark contains protected armorial bearings, flags and other State emblems
It ends after 4 months (120 days) from the date on which the journal was made public. There is no extension to this date.
• Any name (or surname) which is not unusual to be used as a trade mark
• Letters/numerals or a combination of both
• Devices (fancy devices or symbols)
• A combination of colors or a combination of a single color with a word/device
• Shape or goods or their packaging
• Marks made up of 3-D design
• Sound marks when represented in conventional notation or described in words by being graphically represented.
• An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of goods/services.
• The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
• Trade Marks Act, 1999
• National bilateral treaty
• Regional treaty
• Decision of the courts
• International multilateral convention
• Office practice reduced in Manuals and guidelines and rulings of the Courts
• Decision of Intellectual Property Appellate Board
• Text books written by academician and professional experts
1. What the database includes?
2. How to construct a complete search?
3. How to interpret the search results?