What is Trademark Search?
A trademark search is a comprehensive trademark search guide that helps an entrepreneur decide on the brand name of their business. Most entrepreneurs today face a lot of challenges while choosing the most suitable name for their brand, not because they can’t think about it, but because whatever they end up choosing is either used by someone or might be similar to the one in existence which can infringe their rights. To ensure that you are free of trademark – related issues before applying for a trademark for your goods and services, you can do a trademark search.
Thus, it acts as a guiding tool for business owners to develop a brand name for their venture. It is a simple and easy to use guide that displays information on the availability of marks in different classes along with the status of the marks whether they are pending to be registered, canceled, abandoned, or expired. A thorough trademark search helps individuals to be sure that they do not indulge in any sort of violation of other’s marks.
Importance of Trademark Search
A lot of time is involved when an entrepreneur finalizes a mark to represent their business and then gets it registered for trademarks. Hence, conducting thorough research before applying for registration is very important. It is the first step toward registration as it saves time for the business owner and avoids the hassle of deciding a new mark if the earlier is found to be in violation of rights. Other benefits of conducting a trademark search are listed below:
- It provides information on the registered marks which can be similar to your mark’ either phonetically or visually;
- It ensures that your mark doesn’t fall under the list of prohibited marks;
- If the brand name contains a logo, then under the Vienna Code of Classification, it provides you with details of similar brand names;
- It helps in the alteration of the mark at an earlier stage if found similar to some existing registered mark thereby saving time and money
- It saves you from the legal implications of infringing any third-person mark
- It helps in saving your advertising, marketing, and brand promotion costs when the mark is altered or modified at an earlier stage;
- Lastly, it ensures owners about the uniqueness and exclusivity of their mark/brand
Classes in Trademark Search
An entrepreneur, before conducting a trademark search, must understand the classes under Nice Classification – an international classification of goods and services. The classification lists 45 classes under it to determine different classes of goods and services falling under each of them. Class 1 – 35 states about different goods while Class 36 – 45 states about various services. One needs to confirm in which class/class trademark registration is required.
Trademark Search Engine
A trademark database holds all relevant information about the applications submitted to the Trademark Registrar including the status of all registered, expired, abandoned, pending, objected and applied trademarks thereby giving users an insight of all valuable information related to their search. The online trademark search engine can be used by trademark professionals as well as non-professionals. One must also be aware that the Comptroller General of Patent Designs and Trademark controls the trademark registrations in India.
Procedure to Conduct Trademark Search Effectively
In January 2011, the Comptroller General of Patent Designs and Trademark allowed trademark public search on IPO’s official website free for the common man to use so that it becomes easy for them to get information about other trademarks. This public search displays information on all
applications filed under the five trademark registrars. Currently, the IPO’s search engine allows three types of searches:
- Word Mark
- Phonetic
- Vienna Code
Conclusion
Trademark search is a crucial aspect of trademark registry and hence should be done in a thorough manner. It helps business to avoid infringement suits at a later stage and also preserves their time and money during the registration process as the chances of mark getting rejected is less. Hence it is very important that the business owners understand the procedures involved in trademark search.
At Plead Masters, we put great effort in protecting your intellectual property and promoting innovation. Our specialisation in Intellectual Property Registrations. By being proactive, we are able to predict problems as well as take advantages thus making sure that your success is guaranteed regardless of changes that may occur in any legal system.
