How to perform Trademark Search in India?

In today’s competitive world of business, we come across numerous brands with varieties of names, so it is necessary to check on trademarks to avoid confusion, conflicts, and similarities with competitive brands or a company. In this article, we look at the process for doing a Trademark Search in India.

What is a Trademark?

A trademark is a symbol, design, word, or phrase that is legally registered and portrays any unique product or company, differentiating it from others. It plays a helpful role in protecting the brand’s identity and prevents forbidden use by opponents.

Under section 2 (b) of the Trademarks Act 1999, trademarks embrace the marks that can be geographically represented and serve to contrast the goods and services of one entity with those of others.

Why trademark search is important?

Trademark search ensures you have a unique desired trademark that does not already exist or is similar.

• Trademark search is a wise measure to avoid legal infringement.
• It preserves assets by ensuring the chosen trademark is available for use and registration, protecting against possible monetary loss.
• Can consider it as an important criterion to avoid any kind of replication.
• Trademarks search possibly prevent conflicts like prevention is better than cure.
• It assists in making cognizant decisions about your trademark registration strategy, protecting your brand’s uniqueness.

What are the classifications of trademark search in India?

A trademark is classified into two types, They are;
• For Goods & Products
• For Services

There are 45 trademark classes and they are divided as:
• 1-34 for Goods & Products and
• 35-45 for Services.

To determine the belongness of the product it is necessary to do a class search before the trademark search. Let’s look into the list of Trademark classes;

Trademark Class (01-34)	Goods and Products
Class 1	Chemicals for industry, Photography, and Science
Class 2	Varnishes, Lacquers, Paints
Class 3	Cosmetics, Cleaning preparations, Perfumes
Class 4	Industrial oils, Lubricants, Greases
Class 5	Pharmaceuticals, Medical products, Veterinary preparations
Class 6	Common metals, Alloys
Class 7	Machines, Machine tools
Class 8	Hand tools, Implements
Class 9	Scientific, Nautical, Surveying apparatus
Class 10	Surgical, Medical, Dental apparatus
Class 11	Apparatus for lighting, Heating, and Steam generating
Class 12	Vehicles and equipment for land, air, and water travel
Class 13	Firearms, Ammunition, Explosives
Class 14	Precious metals, Jewelry, Timepieces
Class 15	Musical Instruments
Class 16	Paper, Cardboard, Printed matter
Class 17	Rubber, Gum, Asbestos, Mica, goods made from these materials
Class 18	Leather, Animal skins, Trunks, Luggage
Class 19	Building materials, Non-metallic rigid pipes
Class 20	Furniture, Mirrors, Picture frames
Class 21	Household or Kitchen utensils, Containers
Class 22	Ropes, Strings, Nets, Tents, Awnings
Class 23	Yarns, Threads, Textiles
Class 24	Fabrics, Bed, and Table covers
Class 25	Clothing, Footwear, Headgear
Class 26	Lace, Ribbons, Embroidery, Buttons
Class 27	Carpeting, Rugs, Mats, Linoleum, and Wall/Floor coverings
Class 28	Games, Toys, Sports Equipment
Class 29	Meat, Fish, Poultry, Preserved, Dried, Cooked fruits, and Vegetables
Class 30	Beverages, Sweeteners, and staple foods like rice and flour, plus cereal-based goodies
Class 31	Agricultural, Horticultural, Forestry products
Class 32	Beers, Mineral and Aerated waters, Non-alcoholic Beverages
Class 33	Alcoholic Beverages
Class 34	Tobacco, Smokers articles

And next comes the classification based on Services from 35-45.

Trademark Class (35-45)	Services
Class 35	Advertising, Business management, and Office functions
Class 36	Insurance, Financial affairs, Monetary affairs
Class 37	Building constructions, Repair, Installation services
Class 38	Telecommunications
Class 39	Transport, Packaging, Storage, and Travel arrangement services
Class 40	Treatment of materials like custom manufacturing
Class 41	Education, Entertainment, Sporting, and Cultural activities
Class 42	Scientific and Technological services, Research, Design
Class 43	Temporary accommodation and catering services
Class 44	Medical, Veterinary, Beauty, and Agricultural services
Class 45	Legal, Security, Personal, and Social Services

Some crucial terms before filing Trademark Application

It is crucial to know in detail about Trademarks before you make further decisions about your brand’s name, logo, or designs.

• Class details:
  • This helps you in determining which class your particular product belongs to out of 45 classes based on the kind of product or maybe services.
• Well-known marks:
  • These marks are authorized ones, they might be recognized by the specific classes. It is crucial to consider these marks to avoid infringement and conflict.
• Prohibited marks:
  • This helps in knowing about the prohibited names that have already been taken by brands. Using these prohibited names might lead to the rejection of a trademark application.
• Vienna code classification:
  • This code classification is supervised by the World Intellectual Property Organization (WIPO), facilitates the organization of trademarks according to their visual characteristics, and enhances the search and registration.

What are the criterias for trademark search in India?

• Word mark Search:
  • This type of search directs on the exact spelling and wording of a trademark without considering any logos, design elements, or style features.
  • The objective of this is to identify if any registered trademarks closely match the words you intend to use for your trademark. You can conduct a wordmark search using prefixes like ‘Starts With’, ‘Match With’, and ‘Contains’.
• Vienna Code:
  • This is usually used to categorize artistic elements in a trademark. Vienna classification system was established by the World Intellectual Property Organization (WIPO) in 1973.
• Phonetic Search:
  • This search involves words or phrases that sound like your desired term. Phonetic methods and techniques are utilized to identify and fetch terms that sound the same during the trademark search, thus improving the meticulousness of the search results. Phonetic search is somewhat like wordmark search.

Finally, we are in the process of a trademark search.

What are the process of Trademark Search in India?

To conduct a trademark search in India, visit the official website and select the appropriate search criteria and perform a search, then analyze the trademark. After that file a trademark application and access the trademark database, enter search criteria to get a result. It is better to consult with a trademark attorney to escape any consequences

Conclusion

In concluison, a trademark is considered intellectual property. To protect them it is crucial to run trademark search in India. Use the official trademark database relevant to your country, search for appropriate keywords, and refine your search with a filter. Consider consulting with a trademark attorney for comprehensive assistance and guidance.

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