How to do a trademark search in India By Athulya - March 7, 2019 Last Updated at: Dec 23, 2020 6585 Trademarks- How to do trademark search in india Reckitt Benckiser, the owner of the renowned antiseptic brand Dettol, recently filed an objection at the Delhi High Court. They requested the court to issue a permanent injunction against selling of hand sanitizers under the brand name ‘DEVTOL’ by Mohit Petrochemicals. The Court passed a decree of permanent injunction and restrained Mohit Petrochemicals from using the trademark ‘DEVTOL’ or any similar marks for their products. Justice Jayant Nath in his interim order said that prima facie Bayerische Motoren Werke (BMW) has made out a case that the Indian company was infringing upon its trademark with a “dishonest intention” to take advantage of the reputation and goodwill of the German company. The very first phase in preventing trademark disputes is to perform a complete and comprehensive clearance check for trademarks (or brand names, trade names, business names, etc.) to ensure that any associated trademark problems can be effectively avoided. Ideally, a trademark clearance check is conducted prior to the implementation of the trademark and investment in the brand and includes the steps of checking all related registered trademarks, during the registration process, or in use. But, if you are not confident that the trademark you use is free of any disputes, you can do so at a later point too. A trademark is a sign, expression or design which identifies goods and services from a particular source. A registered trademark provides its owner with the exclusive use of a mark to represent or identify their goods and services. Intellectual property alertness has steadily improved among Indian businesses over the past few years and the number of trademark applications has increased gradually. It is therefore significant for existing businesses and the new businesses to register their marks and be aware of the trademark filings that are analogous to the interests of the business. In this article, we will be discussing the process of how to do a trademark search in India. Trademark search A trademark search can be made in the government’s Indian Trademark Registry database or in a third-party service provider websites. The trademark search determines whether a projected trademark is existing for the use in connection with certain goods and services. In the trademark search, India, alike wordmarks as well as phonetically alike names in a specific class can be widely searched. Conduct trademark search in India An online trademark search in the Trademark Registry India can be freely done in the Indian trademark database link. Three categories of trademark search in India Wordmark – For the alike representation of wordmark Vienna Code – For alike artistic representation Phonetic – For phonetically alike words. As there are three search type options available, which includes wordmark, Vienna Code and phonetic, one needs to select the search type from the choices given in the tab. Get Your Trademark Registered Wordmark search For instance, to perform a wordmark search, select “wordmark” option from the search type and insert the keywords of the proposed trademark in the box equivalent to “wordmark”. Indeed, there are 45 classes of the trademark registration. Classes 1 to 34 deals with different goods. And Classes 35 to 45 deals with services as per the Nice Classification. Accordingly, one has to enter the class in the box correcting to “CLASS”. And the classes should be related to the goods and services of the trademark. In India trademark database, one can perform a search only using the single class at a time. One can perform the wordmark search using any kind of prefix method such as Starts With, Contains or Match With. A search with the keyword in “Starts With” option will show all the trademarks starting with the searched keyword in the results. Likewise, a search with the keyword in the “Contains” option will show all the trademarks containing the searched keyword in the results. On the other hand, with “Match With” option it will show all the trademarks which are only matching with the searched keyword in the results. Search results After all these required details are entered as above, click on ‘Start Search‘ button to view the search result. The relevant details of each of the trademark such as S. No., matching trademarks and pictures will be displayed on the table. One can click the selection box shown in S. No. for the desired trademark to click or view the box at the left top corner to view all the search result. After selecting the boxes, click the “report” to view all the trademark results in details. After doing the trademark search and if it is found that there are no alike trademarks on record, then one may proceed to file the trademark. Phonetic search The phonetic search is the same as that of the above wordmark search method, excluding without any prefix method. Therefore, one can follow the same step as stated above for the phonetic search of the trademark. Vienna code search Vienna code search is mainly performed to find the alike device mark. And one will have to enter the six-digit Vienna code in matching to “Vienna code”, and then select the relevant class. However, after the search, the result table will show all the marks containing the device. Trademark Database In India, the Comptroller General of Patent Designs and Trademarks monitors trademark registration and registered trademarks. An electronic trademark search database is accessible via the Comptroller General’s website for patent designs and trademarks, which can be used by both professionals and non-professionals to search for a trademark. The database of trademarks contains all trademark applications issued to the registrar of trademarks in India including licensed, notified, objected and expired trademarks. A trademark search of the trademark database can include useful details relating to the search question for the trademark. To know more about Trademark: Click here You should also read: Trademark Registration: Why It Is Crucial? Procedure For Renewal Of Trademark Registration What Are The Advantages Of Trademark Registration?