An Overview of Trademark Search
It is highly recommended to conduct a Trademark Search before filing an application for Trademark Registration; a Trademark Search must find possible existing Trademark applications and even registered Trademarks. Searching for a Trademark can be done by providing the word mark and the class under which the examination is conducted. An application of Trademark is filed under 45 different Trademark Classes represented as per the NICE Classification. Each Trademark Classes for specific products or services, a person should use Trademark Class finder tools.
What is a Trademark?
Trademark is a logo, design, word, or symbol which distinguishes a product from other products of a similar form, and it is an integral part of IPR (Intellectual Property Rights). According to Section 2 (zb) of the Trademarks Act, 1999, a Trademark refers to a mark or logo that is able to differentiate the products or services of one individual from those of others and may comprise the shape of commodities, their packaging & colours combination.
Significance of Trademark Search
- Trademark Search would avoid the infringement of applicable laws;
- It is essential for the Trademark to not only be distinctive but also have a proper Trademark Classification;
- Every possible conflict can be avoided by conducting a thorough search;
- Availability is a vital criterion while deciding on a Trademark that will avoid any replication.
Why is it Vital to Conduct a Trademark Search?
- Conducting a Trademark Search will provide the name of a registered Trademark, which can be identical to your Trademark;
- Under Vienna Codification, the Trademark has a logo; the Trademark Search gives you the details of similar brand names;
- If any identical Trademark exists, then the newly applied Trademark should be changed, or a new name or logo can be selected;
- A list of banned marks is provided so that a person can check whether the brand name or Trademark comes under such prohibited characters;
- Trademark Search is necessary to register a Trademark or brand name under the Trademark Act. In case an identical Trademark exists in the Trademark Registry, the name can be changed, or a person can choose a new name;
- If the brand name or logo is unique, then one can go for the Trademark Registration. It is recommended to carry out a Trademark Search before filing a Trademark application.
What is Trademark Database?
The Controller General of Patents, Trademarks & Designs controls & regulates the Trademark Registrations and the registered Trademarks in India. But non-professionals & professionals can use the online Trademark Search Database, and non-professionals do a Trademark Search. The Trademark database includes all the Trademark applications submitted to the Trademark Registrar in India, comprising all allied, registered, expired & objected Trademarks. Searching a Trademark will give the user an understanding of the valuable details concerning the Trademark Search query.
Different Classes of a Trademark
As per the NICE Classification of Trademarks, an international classification of Products & services, there are 45 different Trademark Classes divided from 1 to 35 for goods and 36 to 45 for services. Before a Trademark Search is done, a Trademark Class Search would be vital to find out which Trademark Class the product belongs to.
Process of Trademark Search
In India, to conduct a Trademark Search, you have to visit the Trademark Search database.
- First, you have to go to the official website of Trademark Registration in India.
- Then you have to click on the Trademark tabs and click on the public search button.
- After clicking the public search button, a new window will open on your screen, select Wordmark as the Search type.
- Enter the Wordmark button you would like to search on the database of Trademark. The database can compare against the search query with three different conditions – “start with”, match with”, and “contains”.
- After that, the class of the Trademark that is appropriate should be entered. Trademarks are divided into 45 different Trademark Classes wherein each Trademark Class represents a unique group of goods & services. A registered Trademark or application will only be relevant to the class under which the Trademark is applied for.
- After the above step, click on the search button to start the Trademark Search.
- The resulting panel will show the Trademarks list either registered or abandoned or objected, which will serve as the basis to decide on the Trademark.
Some Vital Trademark Search Tools You Should Know
Following are some important Trademark Search tools and are available on the official website.
- Prohibited Marks: It gives a list of all marks, logos, or names that cannot be used in a Trademark. Using any of these marks would lead to the rejection of the Trademark application.
- Class Details: This is used to determine which class a particular product belongs to, based on the type of product. The search is available in different languages.
- Vienna Code Classification: It gives the international Classification's details of the figurative elements of marks that are required for checking a Trademark on the criteria of Vienna Code Search.
- Well-known Marks: It’s a list of all the well-known marks as determined by different authorities.
How Swarit Advisors Help You in Trademark Search Service?
Swarit Advisors Trademark Search is not limited to similar marks or word matches only. We recognise similarities in mark meanings also. We can also help you in designing customised Trademark watch parameters to uniform requirements. Further, you can also store & examine your watch reports on our website. To enable you to act quickly to safeguard your Intellectual Property (IP), we also provide regular reports & alerts or updates to our clients.
Frequently Asked Questions
Trademark Search is a fast sweep of the Trademark directory or register.
It comprises 45 Trademark Classes, including goods & services.
It refers to searches in the Trademark Register that is the subject of the search that covers all possibilities for Trademark protection.s
It covers a Trademark that comprises stylised font or a non-verbal graphic. These searches return results that show identical graphics for identical products or services.
Yes, it is necessary because it will surely get an expert’s opinion whether your proposed mark or logo is legally safe to use when deciding to work with an attorney while doing your Trademark Search.