You have 96% of chance to get your trademark registered if the trademark search is done with due diligence. The stepping stone to trademark registration is trademark search. Search implies checking the trademark database for any identical or similar marks. Trademark search comes with many benefits, one of which is avoiding rejection of the mark by the registry and the second one saves you time and cost while building a brand. Prior to filing the application for registration, it is always advisable and recommended to conduct a thorough trademark search to ensure that the prospective mark intended to be registered doesn’t have any similar or same mark already registered in the registry.
How to Conduct a Trademark Search:
A trademark search can be conducted for both word and device marks. There are numerous sites and software’s one can use to conduct the search. One can use the Trademark Public Search Service given in the official website of IPR to conduct the search or can hire professionals to help them conduct the trademark search.
Indian Trademark Search Website
Please see this video to know how to conduct the trademark search
Attributes of Trademark Search:
Trademark search can be divided into Three categories:
Word mark search is conducted when the desired application is to be filed for word mark, tagline, slogan etc. to conduct a search in word mark we can check the word in the Appropriate Class from 1 to 45 under Nice Classification.
Device Search can be done for logos, figures, celestial bodies, stylized letters, living creatures or combinations of all. A device mark is conducted based of specification of goods and services as per international classification of the Figurative elements of marks (Vienna Codification). Currently, the Indian Trademark does not offer the visual similarity search for the trademark, however there are paid third party software's available for this option. Alternatively, you can also try google image search which detects and reveals if the logo or artistic work of your trademark copied from any third party trademarks or designs.
Once the official search of word/device mark is done, internet search is also done to ensure that there are similar or identical marks already present in the market of the same/different industry. This search is mainly done for unregistered or well-known marks.
When to do the search?
Trademark search is not only required during the registration process but also after the registration is done. Here are two major circumstances when the search is required.
What output can you expect after the search?
The following information will be revealed once the search is completed:
Proprietor the same or similar trademark
Details of the application- number, date, prior user
Trademark class details and description
Restrictions if any
The status of the application (approved / withdrawn / registered / objected / abandoned)
Requirements to Register a Trademark Online
In order to register your trademark with us, please click the link below. You can also get in touch with us and our trademark expert will guide you through the process.