This article will help you understand how to do a trademark search in India and its benefits. Read to know more.
Overview to Trademark Search
Recently, Indian businesses have become more aware of the importance of intellectual property rights. A gradual increase in the number of trademark registrations may result from this. As a result, it is critical for both established and new businesses to register their trademarks and keep track of any pending applications that are similar to their own.
In order to avoid violating the property rights of others, the intelligent TM Search will assist you in determining whether the mark you wish to register for goods or services is already in use by another company or is lawfully available. If two students receive the same mark in the same class, your mark won’t be registered.
Make sure to thoroughly validate trademarks (or brands, trade names, company names, etc.) before utilising them to avoid trademark conflicts and dilution.
Before registering your mark, you should preferably conduct a trademark registration check. It should involve searching for pertinent registered trademarks, pending trademark applications, and even trademarks that are already in use. If you’re concerned, you can check anytime to see if the brandname or design you’re using has any legal problems.
Different Objectives for Trademark Search
Conducting a trademark search is a recommended method to swiftly and dependably verify the availability of a proposed brand name or logo in the business landscape. Industry experts suggest performing a trademark search before utilizing a new brand name, logo, slogan, or any other element. Failure to perform may result in the rejection of the trademark application, making it crucial for companies to prioritize this step.
Trademark Search – What is It?
A trademark search can be done on the website of a third-party service provider or the government-maintained Indian Trademark Registry database.
It establishes whether the proposed trademark is already being used on certain products and services. Numerous wordmarks and names for a particular phonetically related class can be found through a trademark search in India.
What is a Database
In India, the Controller General of Patent Designs and Trademarks administers the registry of registered trademarks and keeps track of trademark applications. On the website of the Comptroller General, both professionals and laypeople can search an electronic trademark search database for intellectual designs and brands.
The database of trademarks contains all trademark application forms submitted to the Registrar of Trademarks in India, as well as trademarks that have been licensed, notified, contested, or expired. The question will be relevantly revealed by a trademark search on the trademark database.
What Are the Benefits
Here are a few advantages of organising a trademark search
- The main advantage of conducting a trademark search is that it might assist you in avoiding spending money and other resources on a mark that might not be accessible for use. Without a search method, registering a trademark can end up unproductive, costing money and other resources in the form of office actions, denied trademark applications, and different adverse outcomes
- It identifies identical or similar marks currently in use, reducing the possibility of office actions or third-party objections that might quickly lead to delayed clearance or rejection
- A company may proceed with mark usage and registration filing without using a trademark search strategy to avoid business hiccups. After submitting a trademark application form, it may immediately use the mark in its marketing and branding efforts. However, this might have adverse effects. When the defect is discovered to be an infringement on a registered trademark, all the steps could be for nought. As a result, a company is forced to rebrand, significantly slowing down the process. A company can prevent such situations by performing a thorough trademark search before submitting an application for registration or starting any involvement in extracting the trademark
- If the trademark owner is prepared to assert their right, using an existing third-party trademark will most certainly result in a court case and increase the cost of litigation. One can avoid expensive and complex legal conflicts by conducting a thorough trademark search to determine whether the mark is available
- When conducting a trademark search, one may also learn about the trademarks that rival businesses use in the same field or market. Such information lets you alter your choice by market trends, inclinations, and tastes.
Objectives
To choose your brand name or symbol, a trademark search in the commercial area is a reliable and effective method. Most IP industry professionals advise conducting a search before employing a new brand name, logo, slogan, etc. If a company doesn’t look for the availability of a trademark, it faces the risk of having its application rejected.
A similar or identical mark may already exist, and the brand’s products may already be available for purchase. If you continue to utilise the pattern for profit, the original trademark owner may initiate a lawsuit against you.
- To prevent the potential of violating the rights of anyone else, applicants examine the official trademark registries for both approved and pending registrations. They conduct market-based common law searches for rivals utilizing comparable, unregistered trademarks
- A search for suspiciously similar or nearly identical trademarks is required to assess if a brand is eligible for registration. As a result, comparable inquiries must be made for an infringement search.
Conclusion
To get the results you want from a trademark search, you must become familiar with the pertinent tools and methods. When done effectively, trademark searches have several advantages beyond just cost and interest savings. We hope that this article turns out to be helpful. Also, in case you need any legal advice or assistance related to trademark registration in India, get in touch with the professionals at Vakilsearch.
