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A trademark is an intellectual property that differentiates a product or brand from similar or different products. A trademark gives a company exclusive rights and ownership over the brands or products. A trademark can be a word, insignia, symbol, or phrase. Product names, nicknames, sounds, business names, slogans, color schemes, logos, and smells can all be trademarked.
A trademark search is a crucial step in adopting or registering a trademark. It helps businesses and individuals avoid legal conflicts and ensures their brand name is unique.
In India, a public trademark search in the Trademark Registry database checks if a proposed mark is available for specific goods or services. It examines similar and phonetically similar names in the same class. After registration, trademark licensing and assignment can further enhance business growth.
This streamlined approach ensures thorough examination and minimizes the risk of conflicts with existing trademarks.
Here are the reasons why you should conduct a trademark search in India before registering a trademark.
A trademark database is a collection of all the trademarks filed by different parties in India. All the registered trademarks are listed on the website of the controller of general patent designs and trademarks. It also consists of all the trademarks applied, registered, rejected, and expired trademarks.
You’ve likely heard the general saying, Precaution is better than cure,' and this holds especially true for trademark registration in India. It's important to search and register your trademark before it’s too late or someone else copies it and secures the rights before you do. Here is how trademark search is important in India:
Before you move ahead and conduct your trademark search, here are some important terms you must know.
You can follow the below-mentioned steps to conduct a trademark public search -
You need to submit certain documents to search for a trademark. Given below is a list of documents required for trademark search.
Given below are the 45 categories under which types of trademarks are classified.
| Class | Description |
|---|---|
| Class 1 | Chemicals used in photography, agriculture, industry, science, horticulture, and forestry; chemicals for preserving food, unprocessed plastics |
| Class 2 | Paints; varnishes; preservatives used for rust and wood; colorants; metals in powder and foil; printers and artists; decorators |
| Class 3 | Bleaching and other things for laundry; cleaning; polishing; soaps; abrasive preparations; perfumery, cosmetics, hair lotions; essential oils |
| Class 4 | Industrial oils and greases; dust absorbing; lubricants; fuels (including motor spirit) and illuminants; wetting and binding compositions; candles, wicks |
| Class 5 | Pharmaceutical, veterinary, and sanitary products; diet products for medical use; baby food; fungicides, herbicides; disinfectants |
| Class 6 | Common metals and their alloys; small items of metal hardware; metal building materials; Metal products not included in other classes; pipes and tubes of metal |
| Class 7 | Machines and machine tools; transmission components; agricultural implements except those operated by hand; incubators for eggs |
| Class 8 | Hand tools and implements (hand-operated); side arms; razors; cutlery |
| Class 9 | Scientific, electric apparatus for recording, photographic, measuring, transmission, or production of sound and image; computers and data processing equipment |
| Class 10 | Surgical, medical, dental, and artificial limbs; veterinary apparatus and instruments; eyes and teeth; suture materials; orthopedic articles |
| Class 11 | Apparatus for lighting, steam generating, cooking, heating, refrigerating, water supply, sanitary purposes, drying, ventilating |
| Class 12 | Vehicles; apparatus for transport by land, water, or air |
| Class 13 | Firearms; explosives; fireworks; ammunition and projectiles |
| Class 14 | Precious metals and alloys and products made of precious metals; jewelry, horological and chronometric instruments; precious stones |
| Class 15 | Musical instruments |
| Class 16 | Paper, cardboard; stationery; brushes; printed matter; typewriters; plastic materials for packaging; and office requisites |
| Class 17 | Rubber, asbestos, mica; plastics in extruded form used in manufacturing; stopping and insulating materials; packing, flexible pipes |
| Class 18 | Leather and its imitations; animal skins, hides, traveling bags; trunks, umbrellas, walking sticks; and parasols whips, harnesses, and saddlery |
| Class 19 | Non-metallic rigid pipes for building; building materials, (non-metallic), non-metallic transportable buildings; asphalt, pitch, and bitumen; monuments, not of metal |
| Class 20 | Goods of wood, cork, reed; furniture, mirrors, picture frames; cane, whalebone, shell, amber, mother-of-pearl, wicker, horn, bone, ivory; plastics |
| Class 21 | Household or kitchen utensils; articles for cleaning purposes; combs and sponges; glassware and earthenware; unworked or semi-worked glass |
| Class 22 | tarpaulins, sails, sacks and bags, ropes, string, nets, tents, awnings, padding, and stuffing materials; raw fibrous textile materials |
| Class 23 | Yarns and threads used for textile |
| Class 24 | Textiles and textile goods, bed and table covers; not included in other classes |
| Class 25 | Clothing, footwear, headgear |
| Class 26 | Ribbons and braid; lace and embroidery, buttons, hooks and eyes, artificial flowers; pins and needles |
| Class 27 | Carpets, rugs, mats, linoleum, and other materials; wall hangings(non-textile) |
| Class 28 | Games and playthings, gymnastics and sporting articles not covered in others, and decorations for Christmas trees. |
| Class 29 | Meat extracts; meat, fish, poultry, and game; preserved vegetables, dried and cooked fruits; milk and milk products; jams, fruit sauces; edible oils and fats; eggs |
| Class 30 | Rice, tapioca, sago; coffee, tea, cocoa, sugar, bread, confectionery, and pastry ices; baking powder; honey, treacle; vinegar; spices; ice; yeast, salt, mustard; |
| Class 31 | Forestry products and grains and agricultural, horticultural live animals; seeds, natural plants, and flowers; fresh fruits and vegetables; foodstuffs for animals, malt |
| Class 32 | Non-alcoholic drinks; beers, mineral and aerated waters, syrups and other preparations; fruit drinks and fruit juices |
| Class 33 | Alcoholic beverages(except beers) |
| Class 34 | Tobacco, smokers' articles, matches |
| Class 35 | Business administration, office functions, advertising, business management, |
| Class 36 | Monetary affairs, insurance, financial affairs, real estate affairs. |
| Class 37 | Building construction, installation, and repair. |
| Class 38 | Telecommunications. |
| Class 39 | Transport; travel arrangement; packaging and storage |
| Class 40 | Treatment of materials. |
| Class 41 | Education; entertainment; providing of training; sporting and cultural activities. |
| Class 42 | Scientific, industrial analysis and research services; design and technological services; designing and development of computer software and hardware. |
| Class 43 | Food and drink and services; temporary accommodation. |
| Class 44 | Veterinary services, medical services, hygienic and beauty care, agriculture, forestry, and horticulture services. |
| Class 45 | Legal services; security services for protecting individuals and property; personal and social services. |
While using online tools for a trademark search can be useful, it may not always be enough, particularly for complex cases. In such instances, it's wise to consult a expert for a thorough and reliable assessment. You can get an eCA to assist you in getting a registered trademark.
No, You can not register your brand name, logo, and tagline using one application, as the registrar needs separate applications to be presented for registering your brand name, logo, and tagline.
You can apply online or offline for trademark registration yourself, but registering a trademark is a complex and tidy process that doesn't conclude solely with filing the application. Filing it with a professional can help minimize the risk of rejection and ensure a smoother experience.
To check if a trademark is already registered and avoid duplication, you have to visit the official website of Trademark Search India. You can enter the required details and search for the applied trademark requests.
Any individual or a person who wants to get exclusive rights to a product, service, name, or design is eligible to conduct a trademark search and get a registered trademark.
A trademark is valid for as long as 10 years from the date of applying for it. However, you can get your registered trademark renewed after the completion of 10 years.
As per the Trademark Act of 1999, there are seven types of trademarks. The trademark search protects you from legal complications by finding a unique word, symbol, logo, or design for your product or brand.
