Trademark Public Search
A trademark public search is an important step in the process of adopting or registering a trademark. By conducting a search, businesses and individuals can avoid costly legal disputes and ensure that their brand name is unique.
A trademark search can be conducted in the Indian trademark database. This search will identify any similar or identical existing trademarks. It is important to perform a trademark search before finalizing a brand name, as it could save you a lot of time and money in the long run.
When choosing a brand name, it is important to consider the uniqueness of the name. A unique brand name will give you exclusive rights to the name and can create a positive brand image in the minds of customers.
Analyzing search results is an important part of the trademark registration process. In India, a trademark search can help you determine if there are any similar brand names or trademarks already in existence. This is important because it can help you avoid potential infringement issues down the road.
The Trademark Act of 1999 provides trademark classification for goods and services. There are 45 different classes in all. Checking your class details is a crucial part of the trademark registration process.
If you’re planning on starting a business or entrepreneurship venture, it’s important to consult with a professional to ensure that you’re taking all the necessary steps to protect your brand. This includes comprehensive trademark search and clearance search. By taking the time to do things the right way from the start, you can avoid headaches and legal issues down the line.
Trademark Class Search
The first step of the trademark search process focuses on selecting the right class. The Trademark Registry has classified goods and services into 45 different classes. So, the applicant must select the right class for the product or service he’s dealing with under his brand or business.
Sometimes, a product may seem to belong to one or two trademark classes. In such situations, the applicant can select the best suitable class or even go ahead with selecting all the suitable classes per the description of the goods or services.
The suitable trademark class can be selected from the IP India public search portal using the link given below:
https://ipindiaonline.gov.in/tmrpublicsearch/classfication_goods_service.htm
Trademark Search
The public search for trademark type is divided into three types: Wordmark, Phonetic, and Vienna Code.
a) Wordmark – For a similar representation of a wordmark;
b) Phonetic – For phonetically similar words; and
c) Vienna Code – For similar artistic representation.
Therefore, you will have to select the search type from the options given in the tab.
1. Wordmark Search
i) Select the “Wordmark” option from the search type to perform a wordmark search.
ii) After choosing the search type, you must enter the keyword(s) of your brand name in the ‘Value’ box next to the “Wordmark” label.
iii) Next, you must enter a class number for your goods and/or services in the box next to the “Class” label.
There are 45 classes of trademark classification of goods and services, classes 1-34 deal with various goods, and Classes 35-45 deal with services as per Nice Classification. Accordingly, you will have to enter the class in the box correcting to “CLASS.” And the class(es) should be related to your services or product of your brands. In the India trademark database, you can search only using a single class at a time.
Wordmark search- prefix drop-down menu:
You can systematically perform the wordmark search using any method [drop-down menus] Starts With, Contains, or Match With provided near the “Wordmark” label.
a) Start with – This search filter allows you to identify merely those trademarks existing in the records of the trademark registry, particularly those that start with the searched keyword.
b) Contains – This search filter lets you retrieve results of all conflicting trademarks containing the searched term.
c) Match with -This filter menu allows you to retrieve results consisting of all conflicting trademarks that match exactly the entered term in the search field.
Trademark Search Result
You can choose any one of the above drop-down menus to perform a search to view your search result. The search result will display the matching trademark(s) with details. The matching trademark details are S.No., document, and image (if exist).
The displayed result has the option to ‘Show Details’ below each matching trademark. Once you click the ‘Show Details’ link, it will display more details of the selected trademark in the right column. The right column details include word mark, application number, class, application date, proprietor, journal number, status, used since, and goods & services description.
After that, you can click the select box shown [left corner] in S.No to view the details of all the matching trademarks. Otherwise, you can click on the boxes below the S.No. for the corresponding desired trademark to view the results.
Once selecting the boxes, click “Report” to view the result of all trademarks in detail. The details included are the application number, class, conflicting mark, journal no, proprietor name, address, status, image, application date, user date, and goods/services of all the selected marks.
After searching, if it is found that there are no similar or conflicting marks on the record, then you may proceed to apply for registration.
2. Phonetic Search
The phonetic search would be the same as the above wordmark search method, except without any prefix. Therefore, you can follow the same step mentioned above for the phonetic search of the trademark.
3. Vienna code Search
Vienna code search is performed to find a similar device mark. Thus, you will have to enter the six-digit Vienna code corresponding to “Vienna code” and select your relevant class. After the search, the result table would show all the marks containing the device.
Please note that the above steps are general procedures for trademark public searches in India. However, it is advisable to seek professional assistance to get the trademark registration of your brand name or logo.
An online trademark search in the Trademark Registry [TMR] India is free at the Indian trademark database link.
What to do after the search report?
As soon as you click on the ‘report’ button, a window will be displayed in which every related trademark will be shown in it. If you have conducted a trademark search for a certain name and if you see its existence in the records of the trademark registry, then you may not proceed ahead with filing the trademark application.
When mark(s) identical or similar to your brand appear in search results, you should examine the following steps in order to determine its authenticity and the existence of the relevant conflicting trademarks:
1. First, use the application number of the relevant trademark, and enter the application number in the E-register to know the trademark status.
2. Secondly, check the ‘Application date’ field. It provides for the date on which the trademark application was filed.
3. Thirdly, view details related to the ‘used since’ field. It provides the date on which the trademark was used for the first time.
4. Next, you should check the ‘valid Upto’ field. This merely means that for how long until the renewal, the trademark registry will keep this mark on the records of the trademark registry.
Some other things that may be worth considering include the goods/services description and image.
Why conduct the Trademark search?
Individuals and businesses take a lot of time to select their brand names. Therefore, the trademark owner must conduct an in-depth analysis before deciding on a brand name. Therefore, conducting a trademark search becomes the first step for any brand launch or registration as it enables such brands to avoid infringing the trademark rights of third parties.
1. Trademark search provides information and details of any existing trademark similar or identical to yours.
2. It gives information on live trademarks, which can be phonetically similar or identical to your brand name.
3. By conducting a trademark search, you may discover if your company name or trademark sounds similar to other well-known marks.
4. Further, it enables you to check whether your business name falls under the list of prohibited marks (marks prohibited from registration by a private individual).
5. If your brand name has a logo or device, trademark search allows you information and details of a similar logo or device mark under the Vienna Code Classification (International Classification of figurative elements) similar to your logo or device.
6. Suppose your brand name includes a logo or other visual element. In that case, a TM search will provide details and information about other trademarks and brand names that are similar to yours and fall under the same Vienna Code Classification.
7. It may be possible to register your brand name if it has developed commercial recognition; therefore, conducting a trademark search is essential to save time and money.
8. Additionally, it gives you the chance and time to update the mark before the goods and services go on sale.
9. Finally, it helps in avoiding wasting time and resources on a goal that could be unattainable.
Therefore, it is essential to know whether your brand name can be registered under the Trademark Act. If any similar mark exists in the registry, alter your mark or select a new name. If your brand name is acquired distinctive in the market, you may proceed and register your brand name. Conducting a detailed trademark search before applying for trademark registration is always advisable.
