How Can You Carry Out A Trademark Search In India?April 29, 2021
Defining trademark public search
To check the availability of a trademark, a trademark public search has been enabled in the Indian trademark registry database. The search decides whether a proposed trademark is available for use or not connected with specific goods or services.
When the businesses look to register a trademark then it needs to conduct a trademark search for identical and similar wordmarks and phonetically similar names in a particular class comprehensively. It becomes crucial to register a trademark before initiating your business.
How can you carry out a trademark public search in India?
An online trademark search in the trademark registry India can be done free of cost at the trademark database’s official website.
Trademark search is bifurcated into three categories;
– Word mark – for identical representation of work mark.
– Vienna code – for identical artistic representation.
– Phonetic – for phonetically identical words.
Trademark search parameters
There are three types of options available that consists of Wordmark, Vienna code, and phonetic. That’s why you are required to choose the search type from the option given in the tab.
Word mark search
For instance, to carry out a wordmark search, choose the wordmark option from the search type and fill in the keywords of your proposed trademark name in the box besides the wordmark.
There will be 45 classes of trademark registration. According to the Nice classification, class 1 to 34 deals with several goods, class 34 to 45 deals with services. You are obliged to enter the class in the box correctly to ‘class’ accordingly. And the classes related to your service or product of trademark will be displayed. And this is why businesses need to follow key considerations of multi-class trademark application. In the trademark database, you will be able to carry out a search only using a single class at a time in India.
You can carry out a wordmark search using the prefix method, contains, starts with, or match with.
A search with a keyword in the ‘starts with’ option would show all the trademarks initiating with the mentioned keywords. Likewise, a search with the keyword in the ‘contains’ option would display all the trademark results containing the mentioned keyword. While on the other hand, the result would also display all the trademarks only aligning with the entered keyword in the search box with a keyword’ match with’ option.
Once you are done with the details mentioned above, you can click on the ‘start search’ button to get your search results. Each trademarks’ details, such as serial no. Matching trademarks and images would be displayed in the table. You can click the selection box displayed in serial no. for the chosen trademark or click the box at the top left-hand corner to view all the results. After the selection of the boxes has been done, click the report to view the result of all trademarks in detail.
After conducting the search, if it is found that there are no identical trademarks on the record, then you can proceed to submit the trademark.
The phonetic search would be the same as mentioned above in the wordmark search method, except without any prefix method. That’s why. You should follow the same steps as mentioned earlier for the phonetic search of the trademark.
Vienna code search
It is primarily conducted to locate to identical device mark, and you are required to enter the 6-digit Vienna code corresponding to the Vienna code and opt for your relevant class from it. Once the search is done, the result will be shown in the table containing the mark devices.
Keep in mind that steps, as mentioned earlier, are general procedures for trademark search in India. Nonetheless, It is crucial to seek professional advice to obtain your brand name or logo’s trademark registration.