How to Search Trademark Online in India?
Trademark is a unique word, symbol, logo or phrase that is capable of distinguishing the goods and services of one person from another in the market. In order to enjoy the exclusive rights on the mark it is mandatory to obtain the trademark registration for it and for registration is necessary that the mark chosen must be unique. Now in a country like India with thousands of brands capturing market it is hard to ascertain whether the name chosen by you is unique or not. However, there is a way to know whether your mark is unique or not which is called trademark search. It is the first and the most crucial step in the procedure of obtaining the trademark registration in India. It provides the strong roots to the way of getting the trademark registration seamlessly. Here we will understanding the meaning of trademark search and the step involved in the procedure of trademark search.
What is Trademark Search?
Trademark search is an exercise by which you need to access the wide range of trademark database and search through it for the presence of similar brand name already existing. There exists an online trademark database containing the details of the trademark applied, accepted, refused, registered, opposed etc. Basically the details of any trademark ever applied for the registration is present here.
Importance of Search Trademark Online
In the paragraphs we said that trademark search is one of the most crucial steps why is it so? This is because conducting a proper and comprehensive search ensures that trademark chosen by you is unique and available for registration. Going ahead with the trademark registration process without conducting a proper research may end the applicant lying in the pitfalls of rejections and objection along with paying handsome money to advocates. Thus, it is imperative to conduct a proper research before moving ahead with the procedure.
Procedure of conduct the Trademark Search
- To access the trademark database the applicant is required to click on the link nic.in , go to the trademarks section, , related links and then finally public search or directly click on the link https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.
- After clicking a new window will appear containing the search boxes. Here is the row wise details-
Wordmark- In front of the word mark column there will be a drop down list containing the options of start with, contains and match with, Start with contains the details of the marks whose starting is similar with your marks, contains with consist of the marks that contains your brand name in it and match with reflects the details of matching marks.
Class Description- Then second column that needs to be filled is of the trademark class in which your products fall. There are in total 45 trademark classes consisting of the goods and services. You can check the class of you goods or services through this link http://euipo.europa.eu/ec2/.
Now you can simply press search option and all the required results will appear.
- Checking the Results – Once you have entered the data in the fields required the results containing the similar names will appear. It is important to examine the results carefully these are the following things you can note while taking a look at the results-
- First of all you must see that out of the result appearing is there any result in which your brand name is exactly similar also their status.
- Then you are required to check the products and services of the marks appearing. In case your products are different from the appearing marks you can apply for the name.
- Lastly you need to check its validity date. If the validity of the mark has expired you can apply for it.
With these procedure you can determine the availability of your brand name. However, in order to conduct a more professional and comprehensive search you must definitely consult a professional for it.