How to Check Trademark Name Availability?

What are the Benefits of Conducting a Trademark Search?

• It helps avoid the possibility of trademark infringement by ensuring that the trademark name is not already registered and is unique.
• It helps make sure that the and classified properly.
• The purpose of a Trademark search is to minimize the risk of rejection/refusal of a trademark application and avoid any potential conflict that may arise during the process of registration if any trademark/label, which is deceptively similar and/or identical with the proposed trademark, is already in use or registered by another person/company. Failure to do any trademark search before applying for registration of any trademark/label, the applicant can result in bearing hefty legal costs & also, have to go through time consuming process to solve the conflict and/or overcoming the legal issues arises during the process of registration.
• It helps to ensure that a business's brand is unique and distinct from others in the market. This is important for building brand recognition, establishing a strong brand identity, and ensuring that customers can easily identify the business's products or services with the brand name.

What is Trademark Search?

Trademark search is the practice of searching for the trademark name, logo, or designs that you want to trademark from the trademark database. If there are similar trademarks, whether registered or pending registration, the applicant can change their trademark name. Going through this process helps the applicant minimize the possibility of any conflict that may arise during the process of registration if any trademark or label is deceptively similar to or identical to the proposed trademark.

The trademark search database is a collection of all trademarks filed by different parties in India. All the trademarks are given on the website of CGPDTM( Controller General of Patents, Designs, and Trade Marks). The database of the Trademark Registry contains information on all registered /pending/ expired trademark applications in India

What are the Terms you should know before Filing your Trademark Application?

Here are a few terms you should be aware of before filing your trademark application -

• Class Details - This section allows you to find the particular class that a product belongs to. The trademark search can be conducted in various languages.
• Well-known marks - This section consists of a list of all the well-known trademarks.
• Prohibited marks - It is a list of all the prohibited marks. If you use any of these marks, your application can get rejected. Some examples are - National, Mahatma Gandhi, ISO, etc.
• Vienna Code classification - Under the Vienna code classification, if the brand name has a logo, then a trademark search gives you the information and details of similar brand names.

How to Conduct the Trademark Search?

Below are the steps that you must follow to check trademark availability in India -

• Utilize the Indian Trademark Database: The first step while checking trademark availability is to use the Indian government’s trademark database. The official website of the Controller General of Designs, Trademarks, and Patents and Trade marks (CGPDTM) consists of the trademark search database. You can also use the search facility for trademarks to enter the keywords and phrases that can represent the trademark applied. Analyze the search results to determine whether similar or identical trademarks are registered or pending. You can filter the results on the basis of level of match, type of trademark, and trademark class.
• Conduct a Comprehensive Internet Search: While the Indian Trademark Database is a valuable resource, it is essential to complement the search with a comprehensive Internet search. Use search engines, online directories/marketplaces and social media platforms to identify any similar trademarks or brand names being used in India. Consider both registered trademarks and unregistered common law trademarks, as the latter may still pose a conflict.
• Check Domain Name Availability: Securing a corresponding domain name in the digital age is crucial for a brand's online presence. Check the availability of domain names that align with the desired trademark. Visit domain registration websites or use search engines to explore if the domain name is already registered. While domain name availability does not guarantee trademark availability, it can provide an indication of potential conflicts.
• Consult an expert: Online search is not foolproof and it's always advisable to engage a trademark attorney or agent to conduct a 'comprehensive search. To ensure a comprehensive search and obtain professional advice, it is highly recommended to consult an expert CA. They possess expertise in Indian laws and can give you proper guidance on trademark searches in India. A CA will evaluate the search results, assess the risk of potential conflicts, and provide advice on the availability of the desired trademark. Their guidance is invaluable in navigating the complexities of Indian trademark law.

To conduct a trademark search in India, anyone can follow these simple steps:

• Step 1: Visit the Trademark Registry's website at https://ipindia.gov.in/.
• Step 2: Click on the "Trademarks" tab on the homepage.
• Step 3: Click on the "Related Links" and then, choose "Public Search" option.
• Step 4: Choose the appropriate search type, either "wordmark" or "Vienna code."
• Step 5: Choose the appropriate search parameter, such as "starts with, "contains," or "phonetically similar".
• Step 6: Enter the proposed trademark name in the search box.
• Step 7: Enter the relevant class number for which mark/label will be applied for.
• Step 8: Click on the "Search" button.

What to Do With the Search Results?

The next stage after doing a trademark search is to examine the search results to decide whether or not the proposed trademark is likely to be registered.

Before submitting an application for registration, it is wise to amend or abandon the proposed trademark if the search results show that it is likely to conflict with an already-registered mark. However, if the search results show that the proposed trademark is distinctive and does not conflict with any already-existing trademark rights, it is safe to move forward with the trademark registration procedure, which begins with the filing of a trademark application with the relevant Trademark Registry. The application process entails providing the necessary information, paperwork, and payment at the end.

Checking the trademark availability of a trademark name is a crucial step in establishing and protecting a brand in India. By following the steps outlined in this guide, entrepreneurs and businesses can conduct a comprehensive search to minimize the risk of infringing on existing trademarks. Taking these proactive measures can help businesses make informed decisions, safeguard their brands, and thrive in the dynamic Indian marketplace. However, it is important to note that no search method is foolproof, and consulting an expert is highly advised to get the most accurate results while checking trademark availability.
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