Free Online Trademark Search In India
- July 06, 2016
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Free Online Trademark Search In India
A trademark is a mark that helps customers to identify your brand. For example, when we heard about Dell, our mind instantly created an image of computers and laptops. Similarly, when we see a check mark, we know it's a Nike logo of Nike. So, this is how our brand name and logos make our brand unique from others. There are other ways that you can use to define your brand such as shape, sound, image, etc.
Your trademark shows the identity of your brand, and to complete trademark registration, you have to follow a process. First, check the availability, apply with some documents, and if all goes right, you will register your trademark successfully with the government registry.
In case, someone raises an issue regarding your trademark, then you have to submit a counter statement to the Registrar within 2 months to protect your trademark. In this article, we have shared a process to search for a right trademark which is not similar to an existing trademark.
Free Online Trademark Search
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What is a Trademark Search?
A trademark search is something hard to ignore if you are going to file your trademark application. A trademark search is the shortcut route which assures your trademark application gets registered without any hassle.
Online Trademark search is prudent behavior which is necessary because you should be aware of the fact that the name or logo which you are going to launch in the market is unique or resembles other names. If you don’t search your trademark or search inadequately then this can be a costly affair for you and the penalty for this mistake could be a deterioration of your business goodwill which can shut your business down.
Knockout Trademark Search: This is a preliminary search that shows the obvious and immediate conflict between a proposed trademark and an existing trademark. This is a quick way to search and help you eliminate the options that can face objections due to similarities with already existing trademarks. This will save time in the trademark registration process.
Importance of Trademark Search
Trademark search reveals the very basic facts such as the uniqueness of your trademark, its owner, trademark class under which it falls. Sometimes, people just care about only words used in constructing the trademark but you have to take care of Basic English rules which prominently include phonetics.
Phonetics is an international standard which is related to how the words are pronounced. It means if your trademark words string may contain a different combination of the words but their pronunciation is similar to other existing trademarks then your trademark can be rejected by the trademark registry. How phonetics play a role, let’s understand this as follows:
Q and Queue, Just speak these two words. Have you found any difference in their pronunciation? The answer would be no. So, this is just an example to make you acquainted with one more aspect of the trademark search. A trademark search is a very secretive process because you can not share this thing with anybody before getting registered except with your trademark agent or attorney.
Key Points Regarding Trademark Search Availability
The following are the things that are required to be followed for trademark search:
- Legal Jurisdiction: To search for the trademark online, make sure it is done under the legal jurisdiction. In India, check with the Indian trademark registry which is a governmental agency that checks the registering trademark and copyrights in India. If applying for a trademark in another country, then it is best to check the other country’s trademark offices.
- Type of Trademark: Choose the type of trademark you want to register. It can be a word, design, sound, etc. There are 7 types of trademark which are classified as a trademark.
- Difference Between Goods and Services: Check for the type of trademark you are looking for, goods or services. For instance, the Maruti and BMW are names that are used for cars only. On the other hand, IBM, Wipro, Deloitte, and Tata Consultancy are different company names that provide services. Choosing names for service-based goods can be challenging.
How to do a Trademark Search?
To register a trademark with the trademark registry, it is necessary to search the trademark. Below are the two most used methods that can be done to check trademark:
- First, search with a keyword by using a few terms and phrases that relate to your brand or product. Avoid the trademarks which are similar to the existing trademarks.
- If your searched name does not match with the results, then move forward to the next step.
- Visit the Indian government’s trademark registry or go to the website IP India Public Search.
- The database will show the data about that trademark, that it already existed, or someone else filed protection for this trademark, or it is not available.
How Registrationwala Can Help?
To conclude, before applying for trademark registration, it is better to follow the trademark guidelines as per the Trademark Act of 1999. For help in trademark search, it is advisable to get help from professionals. As they suggest you with the complex or required in-depth analysis. We at Registrationwala, assist our clients with valuable insights. Reach out to us in case you have any queries.
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