Trademark Search in India: How to Conduct One?

A trademark search must be conducted before submitting a trademark application to identify potential trademark applications and even registered trademarks. By entering the word mark and the class in which the investigation is being conducted, you can conduct a trademark search in India.

According to the NICE classification for trademarks, a trademark application is filed under 45 different classifications. Each trademark class denotes a distinct group of products and services. Individuals should utilise trademark class discovery tools to determine the trademark class for specific goods or services.

Conducting a Trademark search in India?

A Trademark search on the internet will reveal the name of a registered brand name/Trademark that may sound similar (phonetically) to your Trademark.

A list of forbidden marks is provided so that the brand name or trademark can be checked to see if it contains any of the restricted characters.

Also, if the brand name includes a logo, a trademark search will provide you with information and specifics about similar brand names, according to the Vienna code classification.

Moreover, to register the applicants’ trademark or brand mark logo under the Trademark Act, a trademark search is required. In case, a comparable Trademark is found in the registrar of Trademarks, the name can be changed or a new name can be selected.

Also, if a similar trademark already exists, the newly applied Trademark should be changed or a new name must be selected.

If the brand name is one-of-a-kind, it is possible to register the name. Before filing a trademark application to register a trademark, it is always a good idea to conduct a trademark search.

The Trademark Database in India:

The Comptroller General of Patents, Designs, and Trademarks is in charge of trademark registrations and registered trademarks in India.

All trademark applications submitted to the Trademark Registrar in India, that includes registered, rejected, and expired trademarks are kept in the Trademark database. A trademark search provides the user with the vital information related to their trademark search query. At the Indian trademark database link, you can conduct a free online trademark search in the Trademark Registry of India.

How to Conduct a Trademark Search in India?

Use a web browser to access the trademark search database to perform a Trademark Search in India. Basically, there are three types of trademark searches.

  • Wordmark – For wordmark representations that are similar;
  • Phonetic – For phonetically related words.
  • Vienna Code – For artistic representations that are similar; and

You must choose a search type from the provided options.

Wordmark

Select “Wordmark” from the search type drop-down menu and type the required keyword into the box labelled “Wordmark.”

There are 45 different trademark registration classes. According to the Nice Classification:

  • Classes 1-34 are for diverse items
  • Classes 35-45 are for services.

As a result, you’ll need to mention correct “CLASS. There must be a connection with your trademark’s services or products. You can only perform trademark search in India using single class at a time.

Also, the wordmark search can be done using any prefix approach, such as “Starts With,” “Contains,” or “Match With.”

A keyword search in the “Starts With” option will return all trademarks that begin with the sought keyword. The search related with the “Contains” box, returns all trademarks that contain the sought keyword. In “Match With” option, the outcome only reveals trademarks that match the target keyword.

Phonetic

Apart from the prefix approach, the phonetic search is basically similar to the Wordmark search method. Thus, you can use the same process as before to do a phonetic search for the trademark.

Vienna code

The Vienna code search is mostly used to locate similar device models. Also, one must input the six-digit Vienna code in “Vienna code” and pick the appropriate class. Following the search, the result table will display all the marks that contain the device.

Why must you consider hiring a professional?

There is a descent chance that early searches reveal no similar marks to yours (known as “possible conflicts”). A professional search firm compiles a comprehensive report of any similar state, federal or international trademarks. Depending on the complexity of the marks, these searches can cost a few hundred or even a few thousand dollars.

Need a Professional’s help? – Your Trademark Team

You can go ahead with the process on your own or you can hire legal services, which is advisable. However, you may face some confusion due to inexperience to carry out certain steps such as the search or drafting the application. A legal service will cost you money. But, in the long run, if it means protecting your brand identity, then the investment is worth the money.

If you need help, Your Trademark Team is at your service. We’re a team of trademark agents/attorneys who boast 10+ years of experience in the field. We will ensure to help you out along every step of the way in trademark-related services. Your satisfaction is our guarantee.

To avail our Trademark Services, visit us.

Other Related Articles:

Trademark Registration in India: An 8 Step Guide

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