Understanding Trademark Search And Registration

Conducting trademark searches prevents future disputes and ensures the protection of the trademark. The process of conducting a trademark search involves a search by wordmark as well as the class within which the search is conducted. When a trademark is registered, the possessor of such trademark has the right to exclusively use the mark for identifying or representing his goods or services. In the following article, steps of conducting trademark searches have been discussed. The benefits of the trademark search along with types of trademark search have been discussed below.

In order to understand trademark search, one needs to understand what is a trademark. As defined under the Section 2 (b) of the Trademarks Act 1999, a trademark is a mark that is capable of being represented graphically, distinguishable with respect to goods or services of one individual from that of others. Trademark also includes a sign, an expression, or a design. Due to the requirement of the uniqueness of the trademark, a trademark search must be conducted before the registration of the trademark. Any individual including a company of limited liability partnership(LLP) can apply for the registration of the mark. Registration of Trademark in India is under the control of the Comptroller General of Patent Designs and Trademark. It also has control over the registered trademarks.

Before conducting a trademark search, a unique or distinctive mark must be chosen.  Prior to filing the application, the trademark is searched for marks that already exist or have been registered. Any individual can gain insight into valuable information regarding the trademark search. Trademark search is conducted by using the database for trademark search by web browsing. Trademarks have been classified into 45 classes according to the NICE classification of trademarks. It is an international classification of goods as well as services. The class search of a trademark is required for determining the class of product searched for.

In India, trademark searches can be conducted in the government’s Indian Trademark Registry database or in third-party service provider websites. For determining the genuineness of the projected trademark regarding the use in connection with the goods as well as services trademarks search is conducted. Another process of conducting research apart from database search is the full search where the trademark search is conducted by a professional agency. The professional agency takes recourse to all the state registers, publications of trademarks, records of the business as well as registration of domain name for completing the report of the trademark search.

The website of the trademark must be visited for conducting the trademark search. The official website of the Indian Trademark Registry database can be visited for the same purpose. On the opening of the site, a search query option is selected where the wordmark is entered on the basis of three prefixes. After conducting the trademark search, the individual determines the genuineness of his trademark and thereafter can draft an application for filing the same. Further the same is filed for registration of the trademark.

While conducting a trademark search, first one has to visit the trademark search database. On opening the database, there are three categories, namely,

1. Wordmark- For performing the wordmark search, the ‘wordmark’ option has to be selected in the search query. The intended wordmark is entered for searching in the trademark database. According to NICE classification, there are 45 classes of trademark registration. One specific class has to enter for performing a trademark search. A single class of searching for the trademark can be performed at a time. Wordmark search can be performed by using any kind of prefix. Based on three types of prefixes, the trademark database can be related against the search query, following three circumstances are-

• Start with- shows the entries starting with the value that is provided for the search.
• Contains- this shows the entries consisting of the value provided for the search
• Match with- this shows those entries matching the value for which the search is provided.

2. Phonetic- this trademark search is similar to the wordmark search. However, no such prefix is required for the search in the database of search trademarks. The same procedure can be followed as in the wordmark for performing the trademark search.

3. Vienna Code- For finding similar nature device marks, this search is performed. A six-digit Vienna code is entered that matches the ‘Vienna code’. Further, relevant classes are selected. The result of the search shows all the marks which contain the device.

There has been a rise in awareness among businesses regarding intellectual property. To avoid trademark infringement or any dispute in the future relating to the trademark, businesses go for registration of the trademark.  Any registered trademark or similar trademark can be found by conducting a trademark search.

• Conducting a trademark search helps by prohibiting the marks appearing in the search which have already been banned characters.
• It also helps in preventing trademarks that are similar in nature thereby helping the individual to go for alternate marks or think of new marks. Consequently, there will be no duplication of the trademark
• A trademark must be unique as well as have a proper trademark classification.
• A meticulous trademark search helps in avoiding any potential conflict.

Following details must be provided for registration of the Trademark

1. Applicant’s name

2. Business type

3. Business objectives

4. Brand/logo/slogan name

5. Registration address

The documents required are:

1. Signed Form-48

2. Identification proof of the signatory

3. Address proof of the signatory

4. Business proof (depends on the type of business)

5. Udyog Aadhar/MSME registration certificate (optional)

Step 1: Trademark Search- In order to check the availability of a trademark, one needs to conduct a search for the trademark by following the process mentioned above.

Step 2: Class Selection and Document Collection- One needs to choose the appropriate classes required for the business.

Step 3: Trademark Application Filing- On uploading all the documents, the application for trademark registration will be verified. Then the trademark application form will be filled out on your behalf and submitted along with the documents.

Step 4: Trademark Objection (in some cases)- In certain cases, an objection might be raised as to the registration of a Trademark for which a period of 30 days is given to raise any objection.

Step 5: Trademark Opposition (in some cases)- Similarly, in certain cases, the opposition party might raise objections to the application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.

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