A Trademark Clearance Search is a thorough process of determining whether a proposed trademark is available for use and registration in a specific jurisdiction or not. It helps businesses avoid potential legal disputes and conflicts with existing trademark users and owners during the Trademark Registration process.
Trademark Clearance Searches in India are typically conducted by trademark attorneys or companies providing Trademark Search services. These searches utilize various resources, including multiple online databases, industry publications, and even social media platforms, to find any trademark similar to the proposed one that is to be registered.
A Trademark Clearance Search is recommended for businesses in India because it provides a more thorough analysis of potential trademark conflicts across multiple jurisdictions and legal sources. It helps businesses make informed decisions and avoid costly legal disputes of trademark infringement in the future.
If a potential conflict is identified during a Trademark Clearance Search in India, the trademark owner may need to make changes to the proposed trademark or seek legal advice to determine the best course of action. The goal is to avoid any legal disputes and ensure that the proposed trademark is eligible for registration.
While the goals of both Knockout and clearance trademark searches is to identify existing trademarks in conflict with a proposed trademark, the resources and scope of these searches are widely different. Knockout Searches only use a centralized database of existing and registered trademarks in a particular jurisdiction to assess the conflict, whereas Trademark Clearance searches use multiple resources across multiple jurisdictions like national and international trademark databases, social media platforms, print and local media to assess the conflict. The results which a knockout search confirms is applicable only to a particular jurisdiction, whereas the results of a clearance search is applicable to multiple jurisdictions as well.
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