Trademark is a kind of Intellectual Property that helps people easily identify and distinguish your brand or products/services from other competitors. Trademark can be any visual representation reflecting your business such as name, word, combination of words & numerics, marks, color combination, design, or anything that can be represented visually. Nowadays, you also have the facility to protect your distinct audio related to your business or profession. This is the reason, the demand for trademark registration including trademark search India, has shot up in the last few years. Before applying for trademark registration, trademark public search must be conducted to avoid any kind of clashes due to similar mark registered already in the same or even different class of trademark. The post covers essential aspects related to trademark search India.
This blog highlights the importance of Trademark Search in India for protecting trademarks and avoiding infringement issues. It explains the purpose, types, and process of conducting Trademark Search in depth.
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.
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 India, 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 public 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, it 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 search trademark 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 trademark public 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 in India 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 often think trademark searches are easy. To be honest, it’s not easy at all. IIndeed, a free trademark search 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!
If you need assistance 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. Before,undergoing the trademark registration process, don’t forget to conduct a trademark public search to avoid further hassles!
FAQs
Q1: Why is a trademark public search important?
A trademark public search is essential to determine the availability and uniqueness of a proposed trademark before registering it. It helps identify any existing trademarks that may conflict with the proposed mark if it gets registered, assessing the risk of infringement accurately beforehand.
Q2: What is the purpose of conducting a public search trademark?
The primary purpose of a public search trademark is to ensure that the desired trademark is not already in use or registered by another party. It helps avoid legal disputes, potential rebranding costs, and protects the original identity of a brand.
Q3: How can a trademark public search be conducted in India?
In India, Trademark Public Search can be conducted free of cost through the Public Search Tool available on the IP India Portal (https://ipindia.gov.in/).
Q4: What are the different types of public trademark searches in India?
In India, common types of trademark searches include Wordmark Search, Phonetic Search, and Vienna Code Search. Each type focuses on different aspects, such as exact matches, similar sounding, or specific device trademarks.
Q5: Can an IPR professional assist with trademark searches?
Yes, any professional IPR service provider can provide accurate and comprehensive searches of proposed trademarks along with expert guidance of how to avoid potential objections.
A must-read piece for brand protection! Clear steps for conducting trademark searches in India. Perfect for beginners & Highly Recommendable. Thanks for providing such valuable information.