Before filing a trademark application, a Trademark search must find potential with existing trademark applications and even registered trademarks. A trademark search can be done by providing the word mark and the class under which the investigation is conducted.

A trademark application is made under 45 different classes as per the NICE classification for Trademark. Each of the trademark classes represents a different set of goods and services. To find the trademark class for particular goods or services, an individual should use trademark class finder tools.

Why is it necessary to conduct a Trademark search?

Conducting a Trademark search online will provide the name information of a registered brand name/Trademark, which can be similar (phonetically) to your Trademark.

A list of prohibited marks is provided so that an individual can check whether the brand name or the Trademark falls under such banned characters.

Under the Vienna code classification, if the brand name has a logo, then a trademark search gives you the information and details of similar brand names.

It is essential to conduct a Trademark search to register the applicants' trademark or brand mark logo under the Trademark Act. In case a similar Trademark exists in the registry of Trademarks, the name can be altered, or an individual can select a new name.

If any similar trademark exists, then the newly applied Trademark should be altered, or a new name can be selected.

If the brand name is unique, then one can go ahead to register the brand the name. It is always advisable to conduct a trademark search before filing a trademark application to register the Trademark.

Steps to Check for a Trademark

1. Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in.

1. Click on the trademarks tab and then click on public search.

1. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

1. On selection of each criterion, the keyword fields change as listed below:
   

Search Criteria	Keyword Fields
Wordmark	Wordmark, class, goods description
Vienna Code	Vienna code, class
Phonetic	Phonetic, class, goods description

1. Once all of the details have been entered, you will need to click the search button.

1. The resulting panel will show the list of trademarks either registered/objected/abandoned which will serve as the basis to decide on the trademark.
   

 

 

Created & Posted by Pooja

Income Tax Expert at TAXAJ

 

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ

 

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