Maintaining the integrity and dignity of the brand is essential to the success of your company. Having a powerful brand may help one to stand out from the competition, attract clients, and foster consumer loyalty. The registration of a trademark is one of the most crucial elements of brand protection.
A trademark is a recognizable mark that identifies and sets one’s goods and services apart from those of competitors. One can take legal action against any infringement of trademark and obtain exclusive rights to use the mark after you register it. This blog will help you understand how to verify trademark registration.
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How to verify trademark registration in company name?
To find out if a firm name is protected by a trademark in India, visit the Indian Trademark Registry website. Any registered trademarks that are similar to the firm name that is there will be shown in the search results. Examine the findings carefully and see whether any of the trademarks might clash with the name you have in mind.
Keep an eye out for names in related businesses, phonetic correspondences, and similar spellings. How to know whether a trademark is registered or not? For that, Trademark search should be done. Know what trademark search is and how to do that?
For example, you should find out if the trademark “Apple Store” is already registered if you plan to launch a business named “The Apple Store.” The trademark “Apple Store” is registered for several products and services, including retail locations, online retailers, and e-commerce websites, according to the search results. This would imply that you could not refer to your business as “The Apple Store”.
What is the procedure to check for trademark?
One must efficiently do a trademark search using the government portal and carefully adhere to the instructions listed below.
- First, goto the official website and log in.
- Select the Trademarks tab.
- From the menu on the right side of your screen, choose Public search.
- You will be sent to another page by doing this.
- Three options are offered under Search type. They are:
- Word mark,
- Vienna Code, and
- Phonetic.
- You are free to select the kind of search you want to do for your trademark.
- Redirected criteria, with the following set of keywords as a change.
The necessary fields must be completed. (If the trademark is associated with a large number of products or services, the Vienna code-based search app description). The list of registered objected to, and abandoned trademarks will be shown in the resultant panel and will be the foundation for services related to the trademark.
How to proceed if the name of your business is already trademarked?
Don’t panic if the name of your business shows up as a registered trademark. There are other approaches that one can go with:
- Feel free to change your name:
- It could be prudent to rename your business to prevent legal issues if the trademark holder is involved in a related sector and there is a chance of confusion.
- Speak with the Trademark Holder:
- Getting in touch with the trademark owner may occasionally result in a cooperative resolution.
- You can try to work out a coexistence agreement or see if you can get permission to use a name that is similar.
- Seek Legal Advice:
- To determine the appropriate course of action for your situation given its particulars, speak with trademark attorneys or intellectual property specialists.
- They can guide you through potential legal conflicts and offer legal insights.
You may do a search on the Indian Trademark Registry website using the trademark’s name, the type of products or services it is linked to, and the application number. By utilizing the “phonetic search” feature, you may also look for trademarks that are similar to the name of your business. With the use of this feature, you may look up trademarks that sound same even if their spellings differ.
It is essential to remember that only trademarks that have been registered in India are included on the Indian Trademark Registry website. There can be other trademarks that are registered in foreign countries that are identical to the name of your business.
It is important to speak with an intellectual property lawyer or trademark registration service provider if you are unclear if your company name is protected by a trademark. They can offer you advice on the best line of action and assist you in carrying out an exhaustive trademark search.
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In conclusion, ensuring your brand’s integrity and standing out from the competition is vital for your company’s success. Registering your trademark is crucial for protecting your brand and maintaining its uniqueness. To verify trademark registration, you can check the Indian Trademark Registry website to see if your desired name is already registered.
FAQs
1. What is the primary purpose of trademark registration?
The primary purpose of trademark registration is to give legal protection and exclusive rights to the proprietor of a distinctive mark, precluding others from using an analogous mark in connection with analogous goods or services.
2. How long does trademark registration generally last?
Trademark registration in utmost authorities lasts for a period of 10 times. Still, possessors can renew the registration indefinitely by filing renewal operations at the end of each 10-time term.
3. What government agency is responsible for trademark registration in the United States?
The United States Patent and Trademark Office (USPTO) is the government agency responsible for trademark registration in the United States. They examine and authorize trademark operations and maintain the sanctioned trademark database.
4. Can a trademark registration be cancelled or abandoned?
Yes, a trademark registration can be cancelled or abandoned if the proprietor fails to misbehave with certain conditions, similar anon-use of the mark for an extended period, or if the mark becomes general. Also, third parties may file a solicitation for cancellation if they believe they’ve grounds to do so.
5. How can one corroborate the status of a trademark registration?
To corroborate the status of a trademark registration, one can visit the sanctioned website of the applicable trademark office, similar to the USPTO or the European Union Intellectual Property Office (EUIPO), and use their online databases to search for the specific trademark. The status, including details on registration, renewal, or any pending conduct, can be set up in the functionary records.
