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.

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

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

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

Trademark Search Criteria 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

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.

FAQs
1. What is a Trademark?

A trademark is a legally registered symbol, name, or logo that represents a company, product, or service that differentiates it from others in the market.

2. How to be aware of different Trademarks in India?

You can search for trademarks on the official website of Intellectual Property India (IPI). Trademark registration under IPI maintains an online database where you can look up registered trademarks with their details.

3. What is a Trademark database?

A trademark database is a collection of registered trademarks and related data. It allows you to search and verify the existence of trademarks, their owners, and other details.

4. Who maintains the Trademark database?

Trademark database are maintained by government agencies responsible for trademark registration.

5. What happens if there is any Trademark conflict with an existing one?

It leads to the rejection of the trademark application and may cause legal challenges.

6. How can I search for trademark in India?

The CGPDTM official website includes a trademark search database where you can enter keywords or phrases to find applied trademarks.

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