A trademark search is an important tool in your business’s marketing arsenal. A trademark search can help you identify trademarks that are already being used on the market and find out more about them. It can also help you find out if someone else is trying to register a trademark that could potentially infringe on your brand name search or other brand-related identifiers.
Registered trademarks are entered into the database by the registrant, which means that if someone else tries to register their own version of your brand identity or another similar mark, they'll have to pay a fee first before it's allowed to go through registration procedures.
Performing a trademark search is an essential step before filing a trademark application in India. It helps in determining the availability of a proposed trademark and reduces the chances of objections and oppositions during the registration process.
Trademark searches are not easy. They require a lot of time and effort, which is why many people choose to outsource the process. However, if you do decide to do your own search, keep in mind that it can be more expensive than going through an agency. When looking for a trademark public search company, consider the following criteria:
Expertise:
Make sure the company has experience in more than one industry and specialty so they can provide accurate results across different fields.
Cost:
Make sure the company charges a reasonable fee that’s competitive with other agencies.
Time frame:
Find out what their turnaround time is so you know how long you’ll have to wait for your results.
Results:
You want to find a reputable company that provides reliable results so you can be confident your potential trademark will be protected from infringement
Trademark Database
In India, the Comptroller General of Patent Designs and Trademark controls the Trademark registrations and the registered trademarks. Both professionals and non-professionals can use the online trademark search database and non-professionals to do a trademark search.
The Trademark database contains all the trademark applications submitted to the Trademark registrar in India, including all registered, applied, objected, and expired trademarks. A trademark search will give the user an insight into the valuable information relating to the trademark search query.
How to Do Trademark Search in India
Visit the Official Trademark Website:
The first step is to access the official website of the Indian Trademark Office, which is maintained by the Controller General of Patents, Designs, and Trademarks (CGPDTM). The website can be accessed at http://www.ipindia.nic.in/.
Select the Trademark Search Option:
On the homepage of the website, you will find the "Trademarks" tab. Click on it, and from the drop-down menu, select the "Trademark Search" option.
Conduct a Basic Search:
In the Trademark Search section, you will find various search options. Start with a basic search by entering the proposed trademark name in the search field. You can choose to search for trademarks containing the exact phrase, similar phonetic sounds, or similar trademarks.
Refine Your Search:
If the basic search results in a large number of matches, you can refine your search by selecting specific search filters. These filters include class, Vienna Code, status, proprietor name, and more. Select the relevant filters to narrow down your search results.
Review the Search Results:
Once you click the search button, the system will display the search results based on your query. The results will provide information about the trademark application number, status, applicant name, class, and other relevant details. Carefully review the search results to identify any conflicting trademarks that may affect your proposed trademark's registrability.
Analyze the Search Report:
After reviewing the search results, it is advisable to generate a search report. The search report compiles all the relevant information about the trademarks found in the search. To generate the report, click on the "Generate Report" button. The report will help you analyze the potential risks and decide whether to proceed with the trademark application.
Consult with a Trademark Attorney:
If you encounter conflicting trademarks or are unsure about the search results, it is recommended to consult with a trademark attorney. They can provide expert guidance and advice based on their knowledge of trademark law in India.
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.
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