Trademark Search India– Registration Process

Trademark Search is conducted before filing a trademark application. The search is performed in the Indian Trademark Registry database. Trademarks are classified as Intellectual property.

The search enables the business to check whether the trademark is available in India. It will reveal any existing trademarks that are similar or identical.

It is the most important step for a business to search before setting up the brand name as it saves a significant amount of time and money in the long run.

Therefore, before you apply for registration, individuals, companies or any other applicant must ensure that their trademarks are strong and unique.

What is a Trademark Search?

The search determines whether a proposed trademark is available for use in connection with certain goods and services. A trademark is a sign, design, or expression which identifies products or services from a particular entity.

Before you finalize the brand name for your business, the applicant must first ensure that no one else is using a similar mark.

The search for a trademark in India is performed on an online database which is available through the website of the Comptroller General of Patents Designs and Trademarks.

It can be used by professionals or by any person applying for the registration of a trademark.

What are the Categories of Trademark Search India?

There are three categories for searching for a trademark in India as follows: -

1. Wordmark search – This category applies to the goods and services which use wordmarks to identify and distinguish themselves. It comprises of words, letters, numbers, and typographic characters.

2. Phonetic search: This category is applicable when trademarks use the same pronunciation. Companies can also apply for separate trademarks having the same name by using different spellings.

3. Vienna code search: It is an international standard for the classification of figurative elements. This category applies to figurative elements including illustrations, images, etc. While searching, one must enter the Vienna code followed by the class of goods and services.

How to do Trademark Search?

A search is done in the following criteria for a brand name to be registered.

1. Check the availability of the trademark.

2. Check the availability of the trademark in three types of search options (Wordmark, Vienna Code, Phonetic).

3. Check phonetic, similar, or exact matches.

4. Check words with similar prefixes and suffixes.

5. Enter the correct class of search for trademark

6. Click the ‘Start Search button to view the results

What is a Trademark Class Search?

According to the NICE Classification (NCL), global classification standards for Trademark registration India for trademark search, there are 45 trademark categories.

The first 34 classes of NICE classification represent goods. The remaining 11 classes represent services provided by the business. Each class classifies a specific type of goods and services.

While applying for trademark registration, it is needed to search the class of trademark by selecting an appropriate class for your goods and services. The goods are classified as follows:

1. Finished goods

2. Multi-purpose goods

3. Raw materials

4. Multiple materials

5. Goods that form part of another final product

The classification of services is based on the activities involved in performing that particular service.

How to Conduct a Trademark Public Search?

A trademark search public is a significant stage in the process of registering a trademark. By conducting a search, individuals and businesses can avoid or minimize the cost of litigations and ensure that their brand name is unique and distinct. Companies can search for a trademark in two ways:

1. Preliminary Search: In this type of search, the online records are checked and the Indian trademark database.

While searching, the individuals must provide details about the search type, classification of goods and services, and a description of goods and services.      

2. Full Search: It requires professional help. An applicant who wants to register a trademark can go for professional help.

Such professionals provide comprehensive reports based on all the significant parameters like trademark publications and business records.

What is the procedure for trademark registration online?

To apply for registration of a trademark after doing a trademark search, you have to follow the steps given below:

1. Choose Trademark type – There are various types of trademarks, and you have to choose as per your business need. The TM class search is given by the NICE Classification (NCL) classification, trademarks are categorized into 45 different classes of goods and services. A specific type of goods and services is identified by each class of trademarks.

2. Prepare the documents for registration of a trademark– These are the following documents you need to apply for a trademark: -

• Form TM-1 / TM-A or any other applicable form.
• DSC in case of e-filing
• Soft copy of logo (In case the trademark is a word, the logo is not necessary)
• List of goods/services for registration for trademark search
• Details of the trademark i.e., type of trademark applied for registration
• Date of first usage of the mark/logo.
• Business registration proof (Based on the type of business)
• Identity proof of the trademark owner – Name, address, and nationality.
• Address proof – Copy of Aadhar or PAN or Passport
• Incorporation Certificate (In case of Private limited company or LLP)

3. Prepare the application form in two ways (whichever is applicable)

• When you apply for a trademark in a single class. You must furnish Form TM-1
• When you apply for several classes. Then, you must furnish Form TM-A.

4. After the trademark search is completed. Fill out the trademark application for registration. There are two different ways for applying manual filling or e-filling. E-filing has a separate payment gateway available on the IP India Trademark website.

5. Examining the process of the trademark application

6. Publication for your trademark in the Indian Trade Mark Journals

7. Trademark opposition

8. Hearing of trademark opposition

9. Trademark registration certificate issuance.

How to Check Trademark Status?

Trademark application status is categorized into different stages of scrutinizing/checking the trademark application for any discrepancies or similarities. Once the application is filled, you will receive an allotment number after you have completed the trademark search. You can check the progress of the application with this number. The procedure to check the status is as follows:

1. Trademark Login – Login to the official website

2. Select ‘Trademark Application/ Registered Mark’. Then click on the ‘National IRDI'.

3. Enter the Trademark Application Number allotted to you with the captcha given, then Click on ‘view’

4. It will display the status of your application.

It becomes necessary to take action against the applicant for different statuses of the Trademark. You can check for trademark name search before applying for registration. You can chat with a professional attorney for any guidance.

Closure Now…

Trademark search is important for your business to give you information about any existing trademark that is similar or identical to yours. A trademark is a logo or graphical image used to distinguish one product or service from the other.

It is a vital sign that identifies your business and helps to distinguish the product of a brand. It helps you save the cost of infringement in the future. We have discussed the categories of trademarks, the classification of goods and services, the procedure for trademark registration in India, and the process of checking the trademark status.

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