Understand the Importance of a Trademark Search
Introduction
Registering a trademark is a crucial step in protecting your brand in India. Trademark registration ensures a brand unique identity in the marketplace. Before you file a trademark application in India, it’s essential to conduct a comprehensive trademark public search to confirm that your desired trademark is available for registration and does not infringe on existing trademarks. Here’s a step-by-step guide to help you conduct a trademark search in India.
Importance of Trademark Search
A trademark is a symbol, word, or combination that identifies and distinguishes the source of goods or services. Conducting a trademark search helps you to:
- Avoid Legal Conflicts: Ensure your trademark doesn’t infringe on existing registered trademarks.
- Save Time and Money: Prevent the costs associated with rebranding or legal disputes.
- Ensure Brand Protection: Confirm that your trademark is unique and protectable.
Define Your Trademark Details
Before beginning your search, clearly define the trademark you wish to register. This includes:
- Exact Spelling and Design: Specify the word, phrase, or logo you want to trademark.
- Goods or Services: Determine the category under which your trademark will be registered, using the Nice Classification system, which categorizes goods and services into 45 classes.
Step By Step Trademark search online Process
The Controller General of Patents, Designs, and Trademarks provides an online platform for conducting trademark searches in India. Below is your step by step guide for public search of trademark:
- Access the Online Search Tool: Go to the Indian Trademark Registry website at https://ipindia.gov.in/.
2. Navigate to Trademarks: Click on the Trade marks tab at the top.
3. Choose the Search Option: Select “Public Search” to access the Ipindia public search tool.
4. Search by Wordmark: Select Start with/Contains/Match with from the dropdown. Enter the trademark name you want to check in the corresponding box. Enter the trademark class in the box below and enter Captcha. Click on the search option to view the results.
5. Filter Search Results: Once the search results have loaded, you can take a detailed view of the potential conflicts to your trademark application and make your decision accordingly.
Analyse Trademark Search Results
While reviewing the search results to identify any similar or identical trademarks. Pay attention to:
- Active Trademarks: Ensure your trademark does not conflict with registered or pending trademarks. The marks which are abandoned can be available for registration.
- Similarity in Classes: Verify that there is no confusion within the same or related classes of goods or services. There may be multiple similar trademarks registered for different goods in same class.
Conduct a Common Law Search
Some trademarks may not be officially registered but are still in use, which can afford them common law rights. To identify these:
- Perform Internet Searches: Look for businesses or products using similar names or logos.
- Check Online Marketplaces: Explore platforms like Amazon or Flipkart for unregistered trademarks.
- Review Social Media and Domain Names: Investigate social media handles and website domains for potential conflicts.
Consult a Trademark Professional
While conducting your search, consulting with a trademark attorney or professional can provide following valuable insights:
- Legal Advice: Get expert opinions on potential conflicts and the registrability of your trademark.
- Search Analysis: Professionals can offer detailed analysis and recommendations based on search results.
My Trademark Guide is your reliable partner in the process of trademark registration. We provide expert guidance and support to make the journey hassle-free. Contact us now for free Trademark search.
Conclusion
Conducting a public search of trademark in India is a critical step to secure your brand’s identity and avoid potential legal issues. By following these steps and using available resources, you can confidently proceed with your trademark application, ensuring your brand’s uniqueness and protection in the marketplace.
