Avoid Duplicacy of Brands
Once your brand name is registered as a trademark, it will be protected from unauthorized use by others.
A trademark search is a process of searching existing trademarks and determining if any similar or equal trademarks do not match your desired logo or brand name. The search is conducted usually on the official website of the trademark, which contains complete information about pending and registered trademarks. The aim of conducting a trademark search is to check the availability of your presumed trademark for registration. or
A trademark search is an analysis process to discover whether the proposed logo, brand name, or tagline is available to use or is identical and similar to any existing trademarks. This search helps ensure that you can protect exclusive trademark rights to your brand elements and avoid potential infringement issues. or
A trademark search is an analysis process to discover whether the proposed logo, brand name, or tagline is available to use or is identical and similar to any existing trademarks. This search helps ensure that you can protect exclusive trademark rights to your brand elements and avoid potential infringement issues.
The process of trademark search provides various benefits to your business. Some of the important benefits are mentioned below –
Investigating a trademark search in India not only indicates a formality but is an important step in protecting the identity of your brand identity. The following reasons make the search process important –
When you think of conducting a trademark search in India, you are moving with a significant step toward securing the future of your brand in the competitive business field.
Ignoring to conduct a trademark search can result in major complexities for your business. When you access a trademark that is already registered by a different company, then you may struggle with legal action for trademark infringement. Ultimately, this causes a decrease in brand reputation, financial penalties, and even you need to modify your brand completely. Moreover, when you use a trademark that looks similar to an existing trademark, it creates confusion among customers and negatively affects your product sales and market reputation.
To eliminate these potential risks, it is important to execute a detailed trademark search before confirming your brand. This search will guide you in identifying any potential conflicts and making wise decisions to safeguard your business and brand as well.
When you select a brand name for your product, then the main responsibility becomes to check the originality of the name. A unique and different brand name permits you exclusive rights to the name and excellently helps you establish a popular brand identity among your customers.
Inspecting search results is a vital step in trademark registration. In the context of India, a trademark search will help you establish your brand if there are any similar trademarks or brand names already in use. This is quite important as it can help you prevent potential trademark infringement concerns over the time.
The Trademark Act of 1999 has defined a total of 45 different trademark classes for products and services. Checking your relevant class information significantly helps in the trademark registration process. You can also seek legal advice for a Trademark search.
Before moving with the trademark search process, you need to understand the fundamentals of trademark law in India. The Trade Marks Act, 1999, is the law that governs the registration and protection of trademarks. The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is the governing authority that administers trademark registrations.
Trademarks are divided into 45 classes under the Nice Classification, which is an international good practice for classifying goods and services. Choosing the appropriate class is important for precise searching as well as registration.
An individual or a business should adopt the following several preparatory steps before initiating a search process-
1. Define Your Brand Elements
Before conducting a trademark search, you should identify the brand components that need protection. This might include brand names, logo, design, colors, tagline or even its combination.
2. Research Your Market
Knowing your business industry is important as it helps you in making strategic decisions. You should understand –
3. Collect Necessary Resources and Tools
Always ensure that you have availability to the required resources before conducting your search –
4. Make a List of Potential Trademarks
You should not move with only one name for your trademark. Analyse and create multiple names or logos for your brand. In case of conflict with a presumed name, you can proceed with other alternatives.
After the appropriate preparations, the next crucial step is to conduct a trademark search. Here are the detailed steps to execute a successful search.
1. Visit the Official Trademark Portals
The initial step is to visit the official portal of the Indian trademark database and access it thoroughly. The portal is managed by the Office of the Controller General of Patents, Designs, and Trade Marks which furnishes data to all registered as well as applied trademarks in India. This portal is a reliable resource for getting accurate and latest information about all trademarks in india when you conduct a trademark search india online.
2.Enter Your Trademark Criteria
After visiting the portal, the next step is to enter your proposed trademark criteria into the search tool. You can perform a trademark search by –
3. Search by Slogan or Tagline
Although it is less common. You can also check for similar phrases by entering the exact tagline or slogan.
4. Examine the Search Results
Carefully review the results once you completed your search. Consider the following results and their meaning –
5. Document Your Results
Always keep a detailed record of your search results. This can include – printouts or screenshots of your search results, notes on similar trademarks, or records of those trademarks that may raise potential legal issues for your trademark.
6. Evaluate the Risk
Analyze whether your proposed trademark will be approved by the authorities or not, after getting your search results.
Low Risk: If your trademark does not have similarities or identical signs with others, then it indicates the possibility of approval.
Keep in mind that a detailed evaluation is a method to long-term brand protection when you think about how to do trademark search in india effectively.
7. Consult a Trademark Attorney (Optional)
However, this step is not mandatory, but taking professional advice from a trademark attorney may furnish a transparent circumstance of potential issues.
8. File Your Trademark Application
When you have completed your trademark search and are confident about the originality of your trademark, it’s time to file your application. Check that:
After a trademark search, when you click on the report option, a new window will appear with all the connected trademarks. If you search for a particular brand name and receive the result in the trademark registry data, then you cannot file the trademark application.
When you find the same or similar trademarks to your brand in the search results, you should follow the below. Mentioned steps to check whether they are genuine and whether there is any conflicting trademark or not.
In recent times, several tools and resources are available that assist you in a more efficient and detailed trademark search. Here are some popular tools –
1. Official Indian Trademark Database
The official database is one of the best-trusted sources for examining the existing trademarks. It is regularly updated and displays the current status of all trademark applications and registrations.
2. Commercial Trademark Search Tools
There are business platforms that provide more advanced search features, such as:
3. Trademark Attorneys and Legal Firms
Hiring a legal professional can also save time and prevent errors for the search process.
By employing the official database along with secondary materials, you can make your trademark search process complete.
Every business seeks to protect their brand identity at every possible way and conducting a trademark search is the initial step towards the protection. With the search, you become capable to understand the fast-paced marketplace, acknowledge of potential trademark conflicts, and protect your trademark rights effectively.
In the journey of conducting a trademark search and safeguarding your brand identity, KAAGZAAT.org is your trusted partner who is there to resolve the issues related to the search process effectively. Our professional team understand the difficulties faced by individuals or businesses during the search process and ensure them a hassle-free process of trademark search along with personalized solutions.
Whenever you start a trademark search or proceed with registration process, KAAGZATT.org is ready to serve you the best. Our experienced team is committed to resolve the search issue and excellently
support you throughout the process. We believe in providing personalized solution to individual or businesses for a securing their trademark rights and brand identity. Contact today for securing and establishing your brand identity with us.
Here are some useful tips to help you conduct a successful trademark search in India –
It is obvious that a strategic trademark search in india is an inseparable aspect of building a successful brand. You can lower the threat of trademark infringement significantly and build a strong footprint for your brand by simply adopting the steps mentioned in the blog. Always remember that your brand is your precious asset and safeguarding it through a detailed trademark search and registration is one of the best ways to secure the future of your business.
The process for trademark registration in India includes several steps. First, you need to conduct a trademark search to ensure your desired trademark is available. Then, you need to file a trademark application online with the Indian Trademark Registry. After submission, the application undergoes examination and publication, and if no objections arise, then registration.
The time duration for trademark registration in India varies. Generally, it takes around 1 to 2 years from the date of application submission to receive registration. However, this duration can be longer if objections or oppositions are raised during the examination or publication stages.
In India, various elements can be trademarked, such as symbols, words, logos, taglines, colors, shapes, sounds, and even smells, provided that they meet certain criteria of uniquness and non-descriptiveness.
The trademark registration costs in India depend on various factors such as the number of classes under which you’re registering your trademark and whether you’re using a trademark agent. Generally, the government costs for filing a trademark application range from INR 4,500 to INR 9,000 per class.