Why trademark search is essential for your business

Last Updated at: Dec 23, 2020
Why trademark search is essential for your business

The trademark lawyers encourage the clients to search the trademark before getting linked to the term and financial commitment. It will easily take two full days to finish the trademark search. The first one is the knockout or preliminary search done on the Indian Trademark Registry database. The second one is the full-search or wide-ranging which is conducted after the preliminary search. The full search requires a professional search agency.

Many people have the same kind of questions when it comes to trademarks. The first one being, why to do a trademark search? This question is often posed by many people in several ways. And also, is it necessary to run a search? Most of them just want to avoid the search and just file the trademark application.

Below you’ll find some of the services provided at Vakilsearch that may answer your on the procedure, documents and process flow for a government or tax registration.


Why is trademark search is recommended?

Many individuals face legal challenges and visit lawyers following the launch of their goods and services because they either received a third party letter claiming that they were using the particular mark which is infringing their senior mark, or because they are not able to register their mark because a prospective conflict has been sensed in the form of a prior-filed registration or application.

This is the reason why, most of the trademark lawyers, will encourage their clients to search the trademark before they become too linked to the term and spend noteworthy human and financial commitment on getting the brand off the ground.

With this one can avoid potentially costly disputes and headaches down the road that could have modestly been evaded with an investigation on whether the mark was already in existence or not. By searching, one can learn whether there are potential battles and registration issues and manage to avoid the pitfalls.

Get Your Trademark Registered

Two methods to the Trademark Search

A trademark search can be done in two methods. A preliminary or knock out search is where one can search on the Indian Trademark Registry database records in an attempt to discover any potential battles or registration concerns. The second one will be conducted after the preliminary search known as the wide-ranging or full search, which requires a professional search agency to conduct the trademark search of all the state registers, trade publications, business records, internet, domain name registrations and the other sources to create a complete report. Once the report is made, one can get to know whether the mark is available for the intended use.

How to Do a Trademark Search?

A trademark search can be carried out by checking direct name matches, but they can quickly be complex, which is why one may want help with thorough registry searches.

The search aims to find the same or similar trademarks that one plans to use. The applicant must involve in the search to check whether the same/similar trademarks are used in goods or services related to the ones they are planning to cater for.

The trademarks can be very similar without being the same. Names can look similar, or sound alike. Do not forget to check for alternative word endings and spellings when you are doing a trademark search. Of course, uncovering all exact matches is a requirement. Besides, if the goods and services are not related, they are likely to have the same registered trademarks.

Expanding the Trademark Search

Searching for trademark matches are exact can be easy with the Ministry of Economy and other registries; however, uncovering name and spelling variations are what can be difficult in locating. What’s more, design searches can be even more challenging.

You should also check whether the sign that you plan to use as a trademark in India for the same goods or services by somebody else has already been applying for or registered as a trademark. This allows for three types of searches:

  1. Word mark search  – Search by word, class, and description of good or service,
  2. Design mark search – Search by Vienna code and class, and
  3. Phonetic search  – Search by word mark and class and therefore word marks that sound similar.

Before filing an international application to protect your trademark abroad, you should check whether the sign that you are planning to use as a trademark does not belong to someone else in the export markets which are of interest to you. This means that identical or similar trademarks already protected for the same products or services in those markets must be sought.

Benefits of trademark search

1)   Prevention from spending money and resources on a mark that might not be available.

2)   Providing with time and flexibility to amend the mark before launching the goods and services.

3)   One can avoid the costs of business distraction associated with the forced rebranding.

4)   One can avoid dispute litigation costs.

5)   Also, providing insights on how to brainstorm for a mark mindful of potential registration concerns.

So, with all the above reasons and to avoid all the wastage of time and money one should consider about trademark search beforehand.

The benefits of a trademark search are it prevents us from spending money, provides with flexibility and time before the launch of goods and services, avoids the expenses of business distraction, avoids litigation money of a dispute and provide insights about potential registration concerns. With all these reasons, you can avoid the wastage of money and time while considering trademark search in beforehand.

Click here: Register Trademark