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Trade Mark Search

The process of looking up the trademark name, logo, or designs you wish to trademark from the trademark database, is known as trademark search. The applicant may alter their trademark name if there are already registered or pending trademarks that are similar to the trademark name being proposed to be registered. This helps the applicant in reducing the likelihood to cause confusion between proposed trademark and others, and may prevent conflict during the registration process.

Trade Mark Search

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Description

The process of looking up the trademark name, logo, or designs you wish to trademark from the trademark database, is known as trademark search. The applicant may alter their trademark name if there are already registered or pending trademarks that are similar to the trademark name being proposed to be registered. This helps the applicant in reducing the likelihood to cause confusion between proposed trademark and others, and may prevent conflict during the registration process.

OVERVIEW

The trademark search database is a collection of all trademarks filed by different proprietor in the same country. All the trademarks are given on the official website of IP India. The database of the Trademark Registry contains required information of all registered /pending/ expired trademark applications in India. By following the require steps, one can find if there is any already registered mark that is similar to the applied for mark and can reduce the risk of being in confliction with them. If the trademark search comes to a conclusion with any similar mark, the applicant shall make the required changes in their mark and reduce the risk of causing confusion. 

  • ADVANTAGES
    • A trademark search is intended to reduce the possibility that a trademark application will be denied or rejected
    • Prevents any potential conflicts that might occur during the registration process if a already in use or registered trademark is confusingly similar to the proposed trademark.
    • Prevents applicant from bearing hefty legal costs & time consuming process to solve the conflict that may arise during the process of registration.

PROCEDURE

Utilize the Indian Trademark Database: Using the Indian government’s trademark database is the first step in determining whether a trademark is available. The trademark search database is available on the Controller General of Designs, Trademarks, and Patents and Trademarks (CGPDTM) official website/ IP India official website. Additionally, you can enter keywords and phrases that can represent the trademark applied. Examine the search results to see if any identical or similar trademarks are pending or registered under the same class.

  • Conduct a Comprehensive Internet Search:  To find any similar brand names or trademarks being used in a nation, use social media platforms, online directories/marketplaces, and search engines. Take into account both unregistered common law trademarks and registered trademarks, as the latter may still cause a dispute.
  • Check Domain Name Availability: Verify domain names that align with the desired trademark. Check to see if the domain name is already registered by going to domain registration websites or using search engines. Although the availability of a domain name does not imply the availability of a trademark, it may indicate possible conflicts.
  • Consult an expert: It is advisable to hire a trademark attorney or agency to perform a “comprehensive search” as internet searches are not always reliable. An attorney or a CA will review the search results, determine whether there is a chance of conflicts, and offer guidance on whether the desired trademark is available. Their advice is really helpful when comprehending the nuances of Indian trademark law.

STEPS

   Step 1: Visit the Trademark Registry’s website at https://ipindia.gov.in/.

  1. Step 2: Click on the “Trademarks” tab on the homepage.
  2. Step 3: Click on the “Related Links” and then, choose “Public Search” option.
  3. Step 4: Choose the appropriate search type, either “word mark” or “Vienna code.”
  4. Step 5: Choose the appropriate search parameter, such as “starts with, “contains,” or “phonetically similar”.
  5. Step 6: Enter the proposed trademark name in the search box.
  6. Step 7: Enter the relevant class number for which mark/label will be applied for.
  7. Step 8: Click on the “Search” button.

FAQs

 

  1.  What is the need to perform a Trademark Search

To make sure you don’t violate anyone else’s property rights, the intelligent TM Search will assist you in determining whether the mark you wish to register for goods or services is already being used by another company or is legally available.

 

  • Is the class of the Trademark important for the trademark search?

Before submitting a trademark application, you must be aware of the trademark classes according to the NICE classifications—an international classification of goods and services—in order to conduct a free trademark search. To remove conflicts, the trademark search includes filters to identify a similar trademark in a similar class.

 

  • Is it mandatory to hire an attorney for trademark search ?

It is advisable to seek professional assistance to handle the trademark search, even though it is not compulsory to hire a Trademark attorney to conduct a free trademark search prior to filing as a very wide range of data is available on internet and is difficult to filter the required information by someone who’s not a professional in the field.

 

  • What to do if a mark similar to the Applicant’s trademark is found during the trademark search?

It is suggested to make evident differences in the applied for mark which would make it visually or phonetically distinctive from the other already registered or pending trademarks, an becomes unlikely to cause confusion in the minds of the consumers

  • What is the difference between a preliminary and comprehensive trademark search?

A preliminary search identifies identical trademarks, while a comprehensive search delves deeper, considering similar marks and potential conflicts.