The process of trademarking a logo usually begins with the first step of ensuring the logo is already not trademarked, through a search into the official trademark database.
This is commonly called Trademark Search and is done through various algorithmic tools available with professionals in the market.
Trademarking a logo usually begins with the first step of ensuring the logo is already not trademarked, through a search in trademark database.
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Introduction: How to Find if a Logo is Trademarked
It’s critical to conduct a thorough search for the logo you want to connect with your company before filing for a trademark. A trademark image search can tell you if your suggested logo has already been trademarked and show you visually similar logos. Once you’ve decided on a particular logo to use, you’ll need to register it.
Trademarks Registrations in India are controlled by the Indian Controller General Of Patent Designs and Trademarks. Visit their website to find an online trademark search database. You can conduct the search by yourself or even seek professional help.
However, before you begin the registration process, you must be aware of its uniqueness. A trademark logo search is a tool that works in any size, location, or background. It compares different logos and assists businesses in finding the right one, reporting if there are any comparable logos, if the design has been duplicated, the uniqueness of a shape, and visually similar trademarks, particularly in the event of an objection.
Vakilsearch‘s free Trademark Search tool helps you to check trademark availability before you begin the registration process
Importance: How to Check If a Trademark Is Already Registered
The process of trademarking a logo normally starts with a check of the federal trademark database to make sure the logo hasn’t previously been trademarked. It protects you from infringing on other people’s rights and keeps the opposition at bay during the registration procedure. If you don’t want to get caught in an Trademark Objection, opposition, or infringement lawsuit, you’ll need to conduct a logo search. This will save you time and make the application processing move more smoothly.
Steps: How to Check If a Trademark Is Already Registered
Step 1
First, one has to do a class search, from the official website of the government. The class information is located in the top left corner, where you can search for Trademark classes. This page has three columns: the first is the language, which is by default English, the second is the search phrase, and the third is a NICE class. The applicant must leave the first and third columns blank and fill in the second with his or her product or service category.
Step 2
Second, one has to conduct a name search on its official website. Firstly, Look at the list of prohibited marks. The Government of India has proclaimed prohibited marks, which can be examined on the trademark website. Then look for well-known brands: Well-known trademarks are those that have been judged to be extremely well-known and well-liked.
Step 3
The third, step is to run a word-mark search. The first step in searching for a trademark logo or name is to go to the website and type the brand name into the appropriate column. The applicant must also select wordmarks as the search type. The word ‘word’ in wordmark type refers to the applicant’s trade name that he wishes to register.
Step 4
Fourth, The fourth step is to do a phonetic search for trademark registration. The second form of search is phonetic, which comes after a comprehensive search of wordmark type. Phonetic search returns a list of trademarks that sound similar to you when you talk. In other words, this category includes words that sound similar when spoken.
Step 5
Finally, do a search throughout the entire trademark database. Following the completion of both of the foregoing searches, you will be presented with a list of trademarks that are either registered, objected to, or abandoned. You must do a search and determine whether your trademark is distinct from others. Further, whether it is eligible for registration.
Conclusion
Before registering a trademark, it is critical that everyone conducts a trademark search. As a result, it’s crucial to understand that a mark can only be registered in one class. If you want to register the same grade for two or more classes, you must fill out a separate application for each class. Amul, for example, is a brand that sells both milk and chocolates, hence it has registration in both Trademark Class 29 and 30 for the same name. Amazon and eBay, for example, hold trademark registrations in nearly all 45 classes.
FAQ
Is it necessary to check if a logo is trademarked in India before using it for my business?
Yes, it is necessary to check if a logo is trademarked in India before using it for your business. This is to ensure that you do not infringe on someone else's trademark rights, as it can lead to legal consequences.
It is important to conduct a thorough trademark search to ensure that the logo is not already registered as a trademark.
What are the steps involved in verifying the trademark status of a logo in India?
The steps involved in verifying the trademark status of a logo are as follows:
Identify the Trademark Class: Determine the category of goods or services your logo represents. This will help narrow down your search.
Search Online: Use Vakilsearch’s free Trademarks Public Search portal. Review the search results and examine details of any existing trademarks resembling your logo.
For complex cases or complete peace of mind, consider consulting a qualified trademark attorney for a professional trademark search and opinion.
Are there any online tools or resources specifically designed for checking logo trademarks in India?
Yes, there are online tools and resources specifically designed for checking logo trademarks in India.
For instance, The Controller General of Patents, Designs & Trademarks regulates trademark registrations in India, and one can access their publicly available database to verify the availability of their chosen mark.
Additionally, one can also consider using Vakilsearch’s free trademark search tool for conducting a trademark search.
Can I face legal consequences for using a logo that is already trademarked in India?
Using a trademarked logo without permission can lead to:
Cease and desist notices: The owner of the trademark can demand you stop using their mark.
Lawsuits: You may be sued for trademark infringement and face monetary damages.
Injunctions: A court may order you to stop using the infringing logo.
Damage to reputation: Your business may suffer reputational damage due to the infringement.
Is it possible to trademark a logo myself, and what precautions should I take during the process in India?
Yes, it is possible to trademark a logo yourself in India. However, it is recommended to seek the assistance of a trademark lawyer or legal professional to navigate the process of logo registration.
Precautions to take during the process include conducting a thorough search to ensure that the logo is not already registered as a trademark and ensuring that the application adheres to the stringent trademark laws of India.
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