How to do Public Trademark Search ?
A public Trademark Search is an essential step in the process of registering a trademark. While conducting a search, companies, and individuals can eliminate the costly litigations that may arrive in the future. It also helps in ensuring that their trademark is distinct and unique. A trademark is a distinct symbol, design, expression, or sign which identifies goods or services from a particular entity. Trademark plays a vital role in the building of a brand by safeguarding the unique symbol, name, or logo. Trademarks are types of Intellectual property. It is conducted before filing a trademark application. When another trademark having the same name, symbol, or logo as yours already exists, the trademark office will reject your application. The search for a trademark is conducted in the Registry of Indian Trademark database. A search can assist in identifying trademarks that are already in use and registered that can infringe on your search for a trademark. The trade mark search India is a little tough. It requires time and effort. Thus, many people outsource the process of the search. There are three types of searches for a trademark in India as follows: 1. Wordmark Search: To apply wordmark search, enter the keyword of the mark as per your requirement for goods and services. While performing a public trademark search, your goods and services fall under more than one category, then you shall enter one at a point. Select ‘Start with’, ‘Contains’, or ‘Match with’ from the menu to start your search. 2. Phonetic Search: When you search phonetic, you will see all the words having alike sounds as your trademark. A phonetic search helps in removing confusion by checking that the mark is unique from others. It works in the same manner as a wordmark search. 3. Viena Code Search: It is commonly used for finding similar device trademarks. When you enter the six-digit Vienna code and then choose the appropriate class of goods and services. The public trademark search helps in saving legal dispute costs in the future. As per the Indian Trademark Act, of 1999 there are 45 different classes under which the applicant can file an application. Different activities of business have different classes. The trademark class is divided into goods and services. The goods class falls into 1 - 34 classes and the second service class consists of the remaining 35 - 45 classes. Each class has a specific description of goods and services. The trademark is required while searching for the class of trademark either in one class or more than one class. A public trademark search by companies or individuals can be done in two different ways: 1. Initial Search: The first way is also known as Preliminary search. Which checks records online as well as the Indian trademark database. To conduct this type of search, the individuals must give details regarding the search type, the specification of a class, and an explanation of goods and services. 2. Full Search: The second way of searching need professional help. An individual can seek help from a professional firm. Such firms give comprehensive reports based on business records and trade publications. There are various reasons to perform a trademark search online before applying for a trademark. 1. Avoid Future Litigations: It is important to perform a public trademark search because if a company uses the same trademark as another company. It will lead to legal disputes in the future. The other company can file a suit on the use of the similar trademark. 2. Avoid the Possibility of Confusion: When a company is using the same trademark then it creates a problem for the target customers. 3. Choose the Best-Suited Trademark: A good trademark helps in creating brand value for a company. The steps followed for trademark registration online India is given below: 1. Check Registered Trademark by searching the trademark database. 2. Trademark filing Once the company name trademark search is completed on public trademark search, the application is filed on the trademark registration portal. The trademark application is made in a stated manner and filed with the trademark registration fees. The trademark application must comprise of the details as follows: 3. Trademark application allotment Once the trademark registration check, the application is filled with the trademark registrar. A trademark application allotment number is given within one or two working days. When the allotment number is received, the owner of the trademark can affix the TM symbol next to the logo. 4. Vienna codification It is the classification of the figurative elements of marks used internationally for public trademark search. When the trademark registration application is filled, the trademark shall apply to the Vienna classification. The trademark status reflects as ‘Sent for Vienna Codification’. 5. Trademark Examination The trademark office will review the trademark application for the correctness and issue a trademark examination report. 6. Trademark Journal Publication When the trademark is being published in the journal of trademark. The opportunity to object the trademark registration is with public. 7. Trademark opposition If there are no objections filed within 90 days of the publication, the mark will be registered within 12 weeks months’ time. 8. Trademark registration Once the certificate of trademark registration is issued, the trademark becomes a registered trademark in the name of the owner. The public trademark search helps in granting an exclusive right of use of the mark. The trademark registration online process is completed on the IP India trademark registration website. It is important to check trademark availability for many reasons as follows: 1. The first step to start is to do a comprehensive search of current trademark registration including applications. 2. Infringement of trademark is an unauthorized use of a trademark or service in connection with goods/services that is likely to create deception, misleading, and confusion about the source of the goods and services. The benefits to conduct a public trademark search are as follows: - 1. It helps in determining insights into trademark registration. 2. It results in saving your time and cost from wasting on a mark that is not available for use. 3. It gives details of any existing trademark identical or similar to yours. 4. It helps in avoiding the costs of legal disputes charged in case of infringement of a trademark under the Trademark Act, 1999. The registration of trademark cost in India in the case of companies excluding MSMEs and startups is Rs.9000/- per application. However, the trademark registration cost in India starts from Rs. 4500 to Rs. 9000. The minimum registration cost is Rs. 4500/- is available to small-sized businesses. The public trademark search shall be done by all types of applicants. The fees for trademark registration are bifurcated into two parts: 1. Government fees –Government fees are uniform around the country. 2. Professional fees/Attorney fees – These vary as per series of marks, and combination of marks. They charge for every class of mark separately. The professional fees is to be INR 1999. A trademark is a sign which distinguishes the goods and services of one enterprise from another. It is also referred to as an intangible property that is a product of the human mind, inventions, designs, symbols, etc. When you are performing a trademark search public. The first step for company registration enables such trademarks to avoid infringing the trademark rights of other third parties. The Trademark Registration fees in India are divided into government and professional’s fees. The public trademark search is carried out knowing that your name or brand can be registered in the Trademark Act, of 1999. Onlinexbrl.com is the leading platform, for trademark registration solution, you can connect with us to secure your brand. What Is the Meaning of Public Trademark Search?
What Are The Types Of Trademark Public Search?
What is Trademark Class Search?
How To Conduct A Trademark Public Search India?
Why Is It Necessary To Conduct A Trademark Search India?
What Is The Process Of Trademark Registration Online?
Why Is It Necessary Search For Trademark Availability?
What Are The Benefits Of Conducting An IP India Search Trademark?
What Is The Cost Of Trademark Registration?
Conclusion
What is a Free trademark name search?
Best Legal Service Provider