A trademark search can be made on a government database or through third-party service providers. This search in the government’s database determines whether or not the selected trademark is already in use in connection with specific goods and services.
Trademark:
As per Section 2 (b) of The Trademarks Act 1999, “trademark refers to a mark that is capable of being represented graphically; which is capable of distinguishing the goods or services of one person from others and may include the shape of commodities, their packaging and combination of colours.”
Importance:
- Avoid infringement of applicable laws
- Important criteria to avoid any duplication
- Vital to have proper classification
- By deep research unwanted conflicts can be avoided at earlier stage
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Classes of Trademark:
As per international classification of goods and services there are 45 classes which are divided as:
- 1 to 35- Goods
- 36 to 45- Services
Prior to trademark search, class search is necessary to determine the category to which the goods or services belong
Tools:
Class Detail:
This is a search facility available to find out to which class product & service belong.
Well-known marks:
It is a well known mark segregated by authorities.
Prohibited Marks:
It provides the list of marks by whose usage the application will get rejected.
Vienna Code Classification:
It gives the details of international classification that are required for checking trademarks.
You can search the availability of the brand name using the above steps, but it is always recommended to seek the help of professionals. Lead India’s professionals possess the required knowledge about the trademark laws and industry practices which will help in performing a comprehensive trademark search. However, the Trademark Registry retains final approval authority over trademark applications.
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