A simplified guide on the process of Trademark Search

Trademarks are special signs that are used by a particular corporation to distinguish products or services. Designs, images, signs, or even gestures may be them. It is important because it separates the goods from the contests. Your name or commodity may be associated with it. Trademarks are known as intellectual property and are protected from infringement as a result. Trademarks and their rights are protected under the 1999 Trademark Act.

A simplified guide on the process of Trademark Search

Trademarks are special signs that are used by a particular corporation to distinguish products or services. Designs, images, signs, or even gestures may be them. It is important because it separates the goods from the contests. Your name or commodity may be associated with it. Trademarks are known as intellectual property and are protected from infringement as a result. Trademarks and their rights are protected under the 1999 Trademark Act.

To obtain the protection of trademark rights, one has to register a trademark. It is necessary to register your trademark because it prevents others from copying your mark and misrepresenting other items with your mark. Trademarks help consumers identify the brand and brand value in a single look, such as the Nike tick sign logo or a Puma jumping wildcat, etc.

The brand registration process in India is now feasible and convenient in such a way that you can register any of the following products or even a combination of the following: Alphabet, Term, Word, Graphics Logo-Tone, Trademark mixture of colors.

Know more about Trademark and its benefits, see the video below-

 

 

 

 

Who can apply for the Trademark?

If the trademark has been successfully licensed, the person whose name is listed as the applicant will be declared as the owner of the trademark in the Trademark Registration Form. Any person, company, or LLP may be an applicant and may file an application for the registration of the mark in question.

Process of Trademark Search

Step1. Selecting a trademark:

Remember to choose a distinctive and distinctive label that will reflect your brand. Identifying which class you belong to is the other important point. There are actually 45 types of products and services under which it is possible to register a trademark. Classes 1-34 are for goods and the service is for classes 35-45.

Step2. Search by Mark:

It is advisable to perform a search after you have chosen your mark to verify if your chosen mark is identical to a mark already registered. You can do this yourself by visiting the Controller General's online website for patents, designs, and trademarks. You will find a choice on the website to do a public search.

You need to choose your class and check for an online database once you click on this option. The other choice is to get legal help, but the better option is that you will have to pay for them. In the event of your trademark being objected to, general legal services would cost less.


 

Step3. Search through Trademark Ministry Portal

The next step in the trademark search process after class selection is to verify the availability of the brand name by following the steps listed below.

  • You will come to this page by opening the Trademark Portal.

  • Pick Wordmark from the drop-down list in Search Form.

  • In the first row, in front of a wordmark, you can find another drop-down list, selecting Includes, and then entering your brand name in the given box. For example, if "Baskin Robins" is the brand name, then you should check each word individually. Check for "Baskin" first, and then search for "Robins" again. It'll provide you with the exact details.

Enter the class number you want to search your brand name for in the second row against the class and press Search as shown below.

After that, you will find similar brand names

If you find a matching brand name it will come under i.e.

Now pick Phonetic against Search Form from the very first drop-down list and enter the brand name and class as mentioned above and search again as below.

It is necessary to phonetically check the brand name, since there may be no identical brand names, but there are brand names that sound similar. For example, if your brand name is "seez" and there is no similar result found in the quest for a trademark, but if there is a "ciz" brand, then that result would appear when you phonetically search for it.

Even if there is a phonetically identical brand name, the ministry would not accept the trademark application. So, the phonetic examination is a must. This complete guide will allow you to check for a trademark and determine whether an application of the same brand name should be made. Or, because of the related brands found in the hunt, there is a need to think of different brand names.

Know more about, Trademark search process, see the video below-

 

 

Conclusion

The availability of the brand name can easily be searched using this guide, but it is still recommended to take advantage of professionals. As a professional, he has technical knowledge of trademark laws that will assist in making a better choice. However, the ultimate discretion remains with the August Ministry for the acceptance of the trademark application.


 


 


BY-

Saumya Krishnani