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Create your brand with a unique identity that sets you apart from the crowd. In today's competitive marketplace, a trademark is a key that unlocks recognition and trust among consumers. It's the symbol, the design, and the logo that speaks value about your products or services. But before you take up this journey of branding brilliance, it's essential to go on a quest - a trademark search.
A trademark is a type of intellectual property that, in line with the Indian Trademarks Act of 1999, is used to distinguish and separate a product or service from those of competitors by using a unique symbol, term, or logo. Anybody can own a trademark, including companies, organizations, and legal organizations. Anyone or any organization that wants to use a brand name commercially can register a trademark.
Avoid using any signs, words, or logos that have previously been registered as trademarks when attempting to register a trademark. If this criterion is not followed, penalties for trademark infringement may be assessed.
Undertaking a trademark search holds significant value. It enables the identification and exploration of existing trademarks employed by other companies or individuals within the market. By conducting a trademark search, one can gain insights into potential conflicts or overlaps with regard to registering a trademark that could potentially infringe upon an existing brand name or other related trademarks. This diligent practice assists in informed decision-making and safeguarding the integrity of your brand.
One of the most important steps in trademarking your brand name is to conduct a trademark search online. This will help you find out if there are any existing trademarks that are almost similar or identical to yours. There are different methods for conducting an online trademark search, but here are two of the most common ones:
Keyword Search: Begin by conducting a keyword search using terms or brands that closely resemble your intended trademark. This step helps identify potential similarities or matches within your search parameters. If no relevant matches are found, proceed to the next step.
Trademark Registry Check: Using an online database trademark search, you can check the official trademark database of the Indian government for your brand name or trademark. This will let you know if someone else has already registered or filed for your trademark.
If there is a conflict with another trademark, a link to their application will be included in the database record. This will make it easier for you to ascertain whether they hold any legal rights to their brand that would restrict you from using your own.
The NICE classification of trademarks is an international system that categorizes goods and services into 45 classes. Goods are assigned to classes 1 to 35, while services are assigned to classes 36 to 45. A class search is a necessary step before conducting a trademark search, as it helps to identify the class of the product.
There are mainly three types of searches for trademarks: Wordmark, Phonetic, and Vienna Code. Each type is suitable for different kinds of businesses and their trademarks.
Wordmark:
To search for a wordmark, type the word that is part of the mark name you want to find in the database. You should type the class that matches the mark you want to register in India. If your products and services belong to more than one class, you can type one at a time. Choose ‘Start With,’ ‘Contains,’ or ‘Match With’ from the menu to start your search.
Phonetic search:
A phonetic search gives you all the words that sound similar to your mark name. This way, a phonetic trademark search reduces the chance of confusion by checking that the mark is different from other marks in the market. So, users will get only the brand they are looking for. This search works like the word mark search.
Vienna Code:
The Vienna code search is mainly used to find the same device trademarks. You type the six-digit Vienna code that is related to the “Vienna code” and select the right class. When the search is done, the result table shows all the marks that have the device.
To access the official website for trademark registration in India, visit ipindia.gov.in. After logging in, navigate to the trademarks tab and select "public search." Within the search criteria, there are three options available: Wordmark, Vienna code, and Phonetic. Depending on the selected criterion, the corresponding keyword fields will be displayed:
Once you have entered all the necessary details, click on the search button. The resulting panel will provide a list of trademarks categorized as registered, objected to, or abandoned. This nationwide list is a valuable resource for making informed decisions regarding your trademark registration.
Conducting an effective trademark search is crucial to ensure your brand’s uniqueness and avoid potential legal conflicts. Here are some tips to help you with the process:
To register a trademark or service mark for nationwide business in India, the owner must submit an application (Form TM-1) to the regional trademark office corresponding to their location. There are five regional offices: Mumbai, Kolkata, Chennai, Delhi, and Ahmedabad.
For international business expansion, the owner needs to register the mark in each targeted foreign country according to their specific laws and regulations. This might involve complying with international conventions like the Paris Convention or the Madrid Protocol.
A trademark or service mark registration is valid for ten years from the registration date. To maintain ownership and rights, the owner must renew the registration before the expiration. The renewal application (Form TM-12) and fees are submitted to the corresponding regional trademark office.
Here are the things you need to do to ensure your trademark is unique and eligible for registration:
