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How Can You Check if a Logo is Trademarked in India?

Logo is Trademarked
| Updated: Mar 23, 2022 | Category: Trademark

A Trademark is a design, symbol, name, or word which distinguishes a product or item from others of a similar kind. It’s regarded to be a part of IPR. The process of Trademark Registration of a logo starts with the first step of ensuring the logo is trademarked or not, through a Trademark Search into the official database of Trademark. This is generally called Trademark Search and is done via various algorithmic tools available with professionals in the market. In this write-up, we will discuss the steps to check if a logo is trademarked in India.

What is Trademark Search?

A Trademark Search is done in the Indian Trademark Registry database. The search determines whether a proposed Trademark is available for use in connection with certain products or services. In the Trademark Search in India, identical words, logos, marks, or names in a particular class can be comprehensively searched.

How to determine if a logo is trademarked in India?

It is vital to conduct a detailed search for the logo you want to use before filing an application for Trademark Registration. A Trademark Image Search can inform you if your suggested logo has already been trademarked and show you visually identical logos. Once you have decided on a specific logo to use, you will need to register it. However, before you begin or start the registration process, you must be aware of its individuality. A Trademark logo search is an essential tool that works in any size, background, or location. It compares different logos & helps businesses in finding the right one, the uniqueness of a shape & visually identical Trademarks, particularly in the objection event.

The process of Trademark Registration of a logo usually begins with a formal check of the federal Trademark database to ensure the logo has not earlier been Trademarked. It safeguards you from violating other people’s rights and keeps the opposition at bay at the time of the registration procedure. If you don’t wish to get caught in an opposition, infringement, or objection lawsuit, you will need to conduct a Trademark Search. This will save your time & make the application processing move more smoothly.

Steps to check if a logo is trademarked already or not

Following are the steps to check if a logo is trademarked:

Step 1: First, you have to do a Trademark Class Search from the official portal of the Government, where you can search for Trademark Classes. This page has 3 columns: the first is the language, the second is the search phrase, and third is a NICE class. The applicant should leave the 1st & 3rd columns blank and fill in the 2nd with their product or service category.

Step 2: One has to conduct a name search on its official portal. First, you have to check the list of prohibited marks. The Indian Government[1] has proclaimed prohibited marks, which can be inspected on the Trademark website. Then look for famous brands: Well-Known Trademarks are those that have been judged to be extremely well-known & well-liked.

Step 3: The next step is to run a word mark search. The 1st step in searching for a Trademark name or logo is to go to the official website and type the brand name into the suitable column. The applicant should also select a wordmark as the search type. The word “work” in wordmark type refers to the applicant’s trade name that they want to register.

Step 4: The next step is to conduct a phonetic search for Trademark Registration. The 2nd form of search is phonetic, which comes after an inclusive search of wordmark type. Phonetic search returns a detailed list of Trademarks that sound identical to you when you talk. In simple words, this category comprises words that sound identical when spoken.

Step 5: At last, conduct a search throughout the overall Trademark database. Following the completion of both of the preceding searches, you will be presented with a list of Trademarks that are either objection to, registered, or abandoned. You must do a search & find out where your logo is trademarked or distinct from others. Further, whether it’s eligible for Trademark Registration.

Conclusion

Before Trademark Registration, it’s vital that everyone conducts a Trademark Search. As an outcome, it is vital to know that a mark can only be registered in one class. If you wish to register a similar grade for two or more classes, you should fill out a separate application for each class.

Read our Article:What’s the Procedure for Filing a Trademark Application in France?

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A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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