Trademark Search & Report
Trademark Search & Report
Patent is a product identity for legal protection
What is Trademark?
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
Before spending your time and money filing an application you should do a search to see if your mark is already in use or registered by someone else. A search will help avoid obvious duplication of pre-existing marks.
Why Trademark search is important?
It is always advisable to conduct a trademark search before filing a trademark application for registration of the trademark. Trademark search gives you a gist of registrability of your trademark under The Trademark Act, 1999. Trademark search provides information and details of any existing similar brand name/ trademark similar to yours.
- It provides information of brand name/ trademark which can be phonetically similar to your brand name/trademark.
- Trademark search provides you information of any well-known marks which are similar to your brand name/ trademark.
- It provides you with a list of prohibited marks (marks which are prohibited from registration by a private individual) so that you can check whether your brand name/ trademark falls under the list of such prohibited marks.
- If your brand name has a logo or device, Trademark search gives you information and details of similar brand name/ trademark under the Vienna Code Classification (International Classification of figurative elements) similar to your brand name/ trademark.
Therefore, Trademark Search is very much important to know whether your brand name/trademark can be registrable under the Trademark Act. If any similar trademark exists in the trademark registry, then alter your mark or select a new name. In case your brand-name is acquired distinctiveness in the market, then you can go ahead to register your brand-name.
Process for conducting Trademark search
The process of trademark registration should be always initiated with the conduct of Trademark search. The conduct of trademark search in India gives you the details of the existence of any similar brand names/trademark which can be similar to your brand name/trademark or else if there is no record of any brand name/trademark similar to yours. Trademark Search can be done after you check with your Class Details (The Trademark Act, 1999 provides trademark classification which 45 classes for various goods and services).
Firstly, a trademark search will demonstrate whether someone else has already adopted your proposed trademark or similar marks. If you adopt an existing trademark, then you may be inviting a trademark infringement lawsuit. Finally, infringement suits may result in paying monetary damages or discontinuing the use of your trademark or both.
Secondly, it would clearly list any prior trademark registrations or pending applications. Therefore, the existing similar marks may likely to prevent you from registering your brand name with the Trademark Registry. This would, in turn, save time and money of filing a trademark application that has little chance of getting registered.
Thirdly, it would help you assess the relative strength of your mark by showing you how many other similar trademarks are already there in the marketplace, apart from the trademark registered in Trademark Registry.
iVakil IP team helps client
In registration of trademark at national and international level and enforcement of client brands locally and globally.
Our trademarks’ attorneys also provide counselling and serve clients to minimize the treat of infringement and protect against unfair competition.