Online Trademark Search in India

Trademark search public enables the business to check the availability of a trademark in India. A public search allows companies to find already registered trademarks with the help of using public online records.

As a result, it helps companies to avoid using a similar trademark and discover a distinct and distinguishing mark.

The trademark office permits such intellectual property rights to the applications that are genuine and unique. As an outcome, if another trademark having the same name, symbol, or logo as yours already exists, the trademark office will reject your application.

Therefore, before you apply for registration, individuals and companies must ensure that their trademarks are unique.

Types of Trademark Search Public

The trademark public search in India has three parameters, which are as follows:

1. Wordmark Search: It applies to goods and services which use wordmarks to identify and differentiate themselves. It includes words, letters, numbers, and typographic characters.

2. Phonetic search: It is applied when trademarks use the same pronunciation. Companies can also file for separate trademarks having the same name by using different spellings.

3. Viena code search: It is an international standard for the classification of figurative elements of trademarks. It is applied to figurative elements including images, illustrations, etc. While doing the search, one must enter the Viena code followed by the class of the goods and services.

Trademark Class Search

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

The first 34 classes come to represent goods and 11 classes represent services provided by the business.

Each class classifies a specific types of goods and services. While applying for trademark registration, it is necessary to search the trademark class while selecting an appropriate class for your goods and services.

The classification of goods is given below:

1. Finished goods

2. Multi-purpose goods

3. Raw materials

4. Multiple materials

5. Goods that form part of another product

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

How to go for public search?

A trademark search public is an important step in the process of adopting or registering a trademark. By running a search, individuals and businesses can avoid costly legal disputes and ensure that their brand name is unique and distinct. Companies can conduct a trademark public search in two ways:

1. Preliminary search: It checks online records and the Indian trademark database. While performing the search, the individuals must provide details regarding the search type, class specification, and a description of goods and services.     

2. Full search: It requires professional help. An applicant can go for help from a professional agency. Such agencies provide comprehensive reports based on all the important parameters like trade publications and business records.

Running a Trademark search via IP India

Thousands of consultants and agents daily use the India website for trademark search public and to check whether a trademark is taken already. The following steps are required:

1. Go to the official page Trademark search page on the website of the Controller General of Patents, Designs, and Trademarks

2. Select a wordmark and pick either ‘Starts with’ or ‘Contains’, as you see fit, before typing in the word/s you want to register on the page below.

You will see the results whether the trademark is available or not. If there are many existing results for the name, you may have to change the brand name.

How to apply for trademark registration online?  

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

1. Choose Trademark type – There are various types of classes of trademark, and you have to choose as per your business

2. Prepare the documents for trademark registration – The documents you need to apply for trademark registration are: -

• Identity proof of the trademark owner
• PAN Card
• Aadhar Card
• Certificate of Incorporation (For Private limited company or LLP)
• Udyam Registration Certificate
• Logo (if any)
• Address proof

3. Trademark search public – The option is available on the official website.

4. Prepare the application form – There are two options:

• Apply for trademark in ‘one’ class. You must furnish Form TM-1
• When you apply for several classes. Then, you must furnish Form TM-A.

The trademark search in India by public should be done before filing the application form.

5. Wait for Government’s approval

How to check trademark status?

Trademark application status is the different stages of scrutinizing the trademark application where they are checked for any discrepancies or similarities. Once the application is filled, the status can be checked as follows:

1. Log on to the website

2. On the left side of the page, Select ‘Trademark Application/ Registered Mark’. Then click on the ‘National IRDI' number.

3. Enter the Trademark Application Number with the captcha code given. Click on ‘view’

4. Website will display the status of your application.

Different status of Trademark requires necessary actions to be taken by the applicant. You can check for trademark search public before applying for registration. You can consult a professional attorney for taking immediate action.

Benefits of Conducting a Trademark Search

The benefits to conduct a trademark search are as follows:-

1. It prevents your time and money from wasting on a mark that is not available

2. It avoids the cost of business distraction related to the forced rebranding

3. It helps in avoiding litigation costs incurred in case of infringement of trademark under Intellectual property law.

4. It provides great insights into potential registration concerns.

To Wrap Now…

Trademark owners should conduct the deep analysis before deciding on a brand name. After conducting a trademark search public is the first step for the company brand launch or registration as it enables such brands to avoid infringing the trademark rights of third parties.

It is necessary to know that your name of brand can be registered under the Trademark Act, 1999. If in any case the similar name exists in the register, you can change your trademark or select a new name. If your brand has acquired a distinctive place in the market, you may proceed and register your brand name.

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