PUBLIC SEARCH OF TRADEMARK INDIA
A trademark Attorney or agent usually searches with the Trademark office to find out if anyone has already registered identical trademarks. Such a search is conducted before filing the trademark application.
Generally, Trademark office do not charge anything for public search, but Attorney or Agent may charge, the fees is between Rs 0 and Rs 500.
MEANING OF TRADEMARK PUBLIC SEARCH
A trademark public search is conducted in the Indian Trademark Registry database. The search examines if a proposed trademark can be used in conjunction with certain goods or services. Similar word marks and phonetically similar names in a certain class can be thoroughly explored in trademark public search India.
IMPORTANCE OF TRADEMARK PUBLIC SEARCH
- Trademark public search would avoid the infringement of already registered trademark.
- Availability is an important criteria while deciding on a trademark that will avoid any duplication.
- It is important that the proposed trademark is not only unique but have proper trademark classification.
- Every potential conflict can be avoided by conducting a thorough and meticulous trademark public search.
CLASSIFICATION OF TRADEMARK CLASS
HOW TO CONDUCT TRADEMARK SEARCH IN INDIA
Next click on the trademarks tab and then click on public search.
There are 3 trademark search available- Wordmark, Vienna code and Phonetic.
On selection of each criteria, the keywords fields change as mentioned below.
|
Trademark Search Type |
Criteria to be followed |
|
Word mark |
Enter word name, class & goods description and click search button |
|
Phonetic |
Enter name, class & goods description and click search button |
|
Vienna code |
Enter Vienna code and class and click search button |
|
The result panel will show the list of trademarks that are registered/objected/abandoned/removed/withdrawn, which will help to know the viability of the trademark to be applied. |
|
Word mark Search- During the time of this public search three things to be taken care of and they are- choosing the wordmark option, entering the word name and then class. It is to be remembered that same word mark will appear for that class only. For Search in other classes, class details has to be entered every time.
Phonetic search- Phonetic public search helps when trademarks use the same pronunciation. Similar-sounding trademarks can create confusion, and one can use phonetic search for these. Therefore, you can follow the same step mentioned above for the phonetic search of the trademark.
Vienna code search- This type of public search is performed to find a similar device mark. The trademark office provides a Vienna code for the trademark applicant having such mark. While doing a Vienna code search, one must enter the Vienna code followed by the class of the goods or service.
THE LINK FOR TRADEMARK PUBLIC SEARCH IN INDIA IS:-
- Go to IP India website: ipindia.gov.in
- Select Trademark and click related links
- On related links click Public search
- On clicking public search, you are directed to external website, where you have to click, yes.
- On clicking yes, a new page will open, where you need to select wordmark or phonetic in Search type.
- In the next step, enter the name of trademark you desire to conduct search in the first box. In the second box, you are required to enter the class (only one class at a time) as per the goods or services.
- In the end, click search and immediately all the trademark which are similar or deceptively similar to the search mark will appear with all the details like applicant name, company name, type of mark, class, goods description, status of the mark, date of application etc. which will help to analyze the proposed mark.
- The trademark public search results will provide information on trademarks that are already registered or pending in India that are similar to the one being searched for. However online search sometimes may not be foolproof and so it is always safe to consult a trademark attorney or agent to conduct a comprehensive trademark public search.
- The comprehensive trademark public search covers all relevant sources of trademark conflicts. A comprehensive trademark public search includes searches from different sources like trade directories, social media platforms, online marketplace and other useful databases. It includes searching not only for identical trademarks but also for trademarks which are deceptively similar to the trademark to be applied for. During the time of examination, the trademark registry considers similar trademarks when determining whether to register a trademark. A comprehensive search is required as it raises the alarm in case of conflicts before a trademark application is filed.
UTILITY OF TRADEMARK SEARCH RESULTS
If the trademark public search results indicate that the mark to be applied is likely to conflict with any existing trademark, it is better to alter or abandon the mark to remain safe. On the other hand, if the trademark public search results indicate that the mark to be applied is unique and not infringing any other existing mark then it is safe to file an application for registration of trademark. Basically trademark public search is the very first step in trademark registration filing and skipping this step can create difficulties for any new application.
CONCLUSION
Feel free to reach out to us at Agarwal Consultancy Services for all your trademark registration-related queries and assistance!
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- A trademark public search is conducted in the Indian Trademark Registry database. The search examines if a proposed trademark can be used in conjunction with certain goods or services. Similar word marks and phonetically similar names in a certain class can be thoroughly explored in trademark public search India.
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