Every brand has to start somewhere. Everyone, including you and me, must start somewhere. This is why it is important to invest in and protect the intellectual property, ideas, and innovations, often known as ‘trademarks.’ Essentially, anything related to the company that represents the brand. If no one does, possibilities are that the firm might not be able to benefit from the value it may have.
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All of these issues can be avoided if everyone has a good understanding of trademarks. So, let’s get right into it today and discuss trademarks, trademark searches, and the plethora of characteristics.
What is a Trademark?
The Indian Trademarks Act, of 1999 defines a trademark as a type of intellectual property that identifies and divides products or services from others with the use of a recognized symbol, design, or expression. A trademark can be owned by any individual, business, or legal body. Anyone who plans to use or proposes to use a brand name commercially can file a trademark.
Anyone wanting to register a trademark should avoid using any symbols, words, or logos that are already registered as trademarks. This will result in severe penalties which we also call trademark infringement.
Beware of Trademark Infringement
Every firm must have a unique trademark because if any business trademark already exists, the other party has the authority to take strict action against the person who has copied the brand. Trademark registration will protect you from these problems.
The Trademarks Act of 1999 outlines the law for trademark registration, protection, and infringement penalties. Many international and national organizations are working to safeguard intellectual property like trademarks.
In India, trademark protection is handled by the Indian Patent Office, which is governed by the Controller General of Patents, Designs, and Trademarks. Trademark infringement is defined as the illegal use of a mark that is identical or deceptively similar to a registered mark.
To prevent this, we will go to the following section of the article: trademark search. What exactly is it? Why is it important? How can a trademark search be conducted in India? Let us proceed to clarify a few things.
What is a Trademark Search?
A trademark search is considered to be an extremely important marketing tool for your company. A trademark search helps locate and learn more about trademarks that companies or an individual are using in the market. It also helps in deciding whether someone else is trying to register a trademark that might infringe on a particular brand name search or other brand-related trademarks.
Therefore, this implies that if someone tries to register their version of your trademark or any brand identification, they will first pay a penalty fee before proceeding with registration procedures.
Trademark Search in India
In India, a public trademark search is performed in the Indian Trademark Registry database. The search determines whether or not a requested trademark is valid for goods or services. Moreover, trademarks filed with any of the Indian trademark registries are accessible during the public trademark search.
Different Types of Trademark Searches in India
When looking for a trademark, there are three key terms to consider. The first is the Wordmark Search type, followed by the Phonetic Search type, and finally by the Vienna Code Search type. The type of search the applicant uses depends on the nature of the company they run.
Wordmark Search: To use a wordmark search, enter the keyword of the mark name you wish to look for in the database. There are basically 1-45 trademark classes, with 1-35 being products and 36-45 for services. Consequently, you should enter the class related to the mark that you want to register in India. If your goods and services fall under more than one category, you can also enter one at a time. Select ‘Start With’, ‘Contains’, or ‘Match With’ from the drop-down menu to begin your search.
Phonetic Search: When you conduct a phonetic search, you may receive all the terms that sound alike to your mark name. Notably, a phonetic trademark search removes the possibility of confusion by verifying that the mark is distinct from other marks on the market. As a result, users will only receive the brand they are looking for. This search works in the same way as the word mark search.
Vienna Code Search: The Vienna code search is mostly used to find identical device trademarks. You insert the six-digit Vienna code that belongs to the “Vienna code” and choose the appropriate class. When the search is finished, the result table displays all of the marks that contain the device.
Conduct a Trademark Search With Us!
However, before you begin your search, you need to understand how to do an online trademark search. There are multiple ways for conducting a tm search, however here are two of the most common:
- Looking to find a trademark on the web If you need information on an existing trademark, an online search is by far your best bet.
- The first step in doing an online search is to perform a keyword search on trademarks or brands that you suspect are similar to yours.
- If the name provided does not match anything within your search parameters, proceed to the next step.
- Check the Indian government’s trademark registry or conduct an online trademark search to see if the name is on file with the trademark registration.
- These databases can sometimes reveal whether another firm has filed for trademark protection against your usage of their brand name.
- If someone else has applied for trademark protection against the use of your brand name, it will be stated in each database entry and generally includes a link to their specific application.
People think trademark searches are easy. To be honest, not really. It requires a lot of your energy and time. This is the reason why people choose Setindiabiz as their companion to help them with their trademark search. We have skilled professionals to cater your needs and other things related to trademarks. We have got you covered!
To Conclude
If you need help with trademarks in business, don’t be nervous to ask. Although online trademark registration is more convenient, if you still want in-person assistance, do not hesitate, Setindiabiz is there to help you in every way. We employ expert professionals for this. This approach can greatly assist you in better understanding trademark law and how your exclusive rights may change over time.
