Navigating Steps for Trademark Search Online

A trademark search online is conducted on the Trademark ministry portal to check the brand name availability. The search provides information regarding a similar or existing brand name, symbol, design, etc. 

The applicant must make sure to perform a comprehensive search before registration of the intellectual property. The process is simple consisting of a few details of the user about the class of trademark in which products or services are classified and three criteria of the search.

The search must be made in an accurate manner as it helps in saving time and future costs of litigations. It should be carried out to determine any conflict with already registered trademark applications.

What is the Procedure for Trademark Search Online?

A trademark is any word, image, design, symbol, etc that provides a distinct identity to the goods or services. The process of search is to protect intellectual property right while avoiding a breach of another person’s rights.

The process to search for a trademark is conducted through the online website of Intellectual Property India. The search is provided into three categories given below:

• Wordmark – To search for a similar representation of a wordmark,
• Vienna code – To search for similar artistic representations; and
• Phonetic - To search for phonetically similar words.

Let’s understand the three searches individually.

1. Wordmark search

Step 1: Go to the Trademark Registration website in India for a Trademark search online

Step 2: In the search type under the drop-down menu, select ‘Wordmark’.

Step 3: Enter the prefix in three options that are available namely –

• Start with’ displays all the search results of the database that start with the word provided,
• Contains’ displays all the search results of the database that contains the word provided,
• Match with’ displays all the search results that exactly match the word provided,

Step 4: Enter the applicable class

Step 5: Click on search.

The results show the number of matches starting with the word entered on the search as well as the trademark application status. One can also view the details of the trademark while doing a trademark search online like application number, owner’s information, validity date, and a trademark used since the date and gives the description by clicking on the ‘show details’ button.

2. Vienna code search

Step 1: Go to the Trademark Registration website in India

Step 2: In the search type under the drop-down menu, select ‘Vienna code’.

Step 3: Enter the six-digit Vienna code.

One can access the website of the World Intellectual Property Organization (WIPO) for the classification of the said code.

Step 4: Enter the applicable class

Step 5: Click on search.

The Vienna code categorizes every element into 29 classes.

3. Phonetic search

Step 1: Go to the Trademark Registration website in India for a trademark search online

Step 2: In the search type under the drop-down menu, select ‘Vienna code’.

Step 3: Enter the prefix in three options that are available namely –

• Start with’ displays all the search results of the database that start with the word provided,
• Contains’ displays all the search results of the database that contains the word provided,
• Match with’ displays all the search results that exactly match the word provided,

Step 4: Enter the applicable class

Step 5: Click on search.

What can be Registered as a Trademark?

A trademark can be taken into different classes. It is vital to understand what can be trademarked. One must make a trademark search online for a mark that distinguishes the business activity from one person to another. Trademark can be given in any of the items mentioned below:

1. Name

2. Product name

3. Business name

4. Name of a person

5. Surnames

6. Abbreviations or Numbers

7. Logo or Symbols

8. Tagline

9. Unconventional marks

10. Sound mark

11. Scent mark

12. Motion mark

13. Different types of shapes

14. Packaging

15. Three-dimensional mark

The use of TM symbol stands for Trade mark. It indicates to another person that the owner has filed a trademark application with the department for exclusive rights to a mark. The R symbol indicates that the mark has been registered after a trademark search online with the department and is unavailable for use by an unauthorized person.

What is the Process of Registering a Trademark?

The stages involved in Trademark Registration and trademark registration government fees are as follows:

1. Trademark public search and Trademark class search

2. Filling out the trademark application

3. Allotment of application number

4. Passing the formality test and the Vienna convention

5. Examination of the Trademark application

6. Reply to the examination report

7. Advertisement of a trademark in an official journal

8. The registration certificate of the Trademark with trademark registration fees is different for physical and e-filing of applications.

What are the Benefits of Trademark Search?

The trademark search online is an important step of the registration process of a trademark. The following benefits are given below:

1. It is a process to search for the trademark which are available and it acts as a protestation from future legal disputes for using someone else’s brand.

2. It provides advice on the risk factors of use of a trademark

3. The trademark name search helps in assessing the risks with a change of name that can be used as a trademark.

4. It helps in assessing the strength of an infringement claim against another party.

5. The search online trademark helps to identify the availability of a name to deciding on a trademark that will avoid any duplication.

6. The trademark search online helps in avoiding future damages and professional fees from claims or oppositions.

7. The applicant shall spend on resources for building goodwill in a trademark.

8. The trademark status helps in understanding the position of the application.

Conclusion

A trademark is a brand name or design which is capable of differentiating the goods and services of one organization from another. The validity period is 10 years which is given to a trademark registration starting from the date of application. The cost of trademark registration in India for non- Individuals is Rs. 9000/- per application. The CTMO online database is a China trademark search engine that is used to search various types of trademarks. The database of trademark search online is available in English and Chinese language. In this blog, we have discussed the process of searching with individual categories and the benefits of search.

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