In India, conducting a trademark search is essential for brand protection. You can perform a trademark search on the official website of Intellectual Property India (IPO) to check for existing trademarks and ensure the uniqueness of your brand name or logo before applying for registration.
Introduction
With the increasing need to safeguard brand identity, it’s paramount for businesses and individuals to ensure that their proposed trademarks don’t infringe on existing ones. In India, a systematic process is in place that allows you to check the availability of your desired mark. This article will guide you through the steps to perform a trademark search in India.
Why is a Trademark Search Important?
Before diving into the ‘how,’ let’s briefly touch upon the ‘why.’ A trademark search:
- Ensures you’re not infringing on existing rights.
- Prevents potential legal disputes.
- Provides clarity on the availability and safety of your desired trademark.
Using the Online Search Tool
India’s Intellectual Property India website offers an online trademark search tool that’s user-friendly and provides a comprehensive database of registered and applied trademarks.
Access the Portal: Start by visiting the official website of Intellectual Property India. Ensure you’re on the official site to get accurate and secure information.
Locate the Trademark Section: The homepage hosts various intellectual property sections like patents, copyrights, and trademarks. Navigate to the ‘Trademarks’ tab.
Engage with the Public Search: Under the ‘Trademarks’ tab, you’ll find the ‘Public Search’ option. This is your gateway to the database of trademarks.
Input the Trademark Information: A search bar interface will greet you. Here, you can type in the name or keyword of the desired trademark. Remember, being specific can help in narrowing down results, but starting broad might give you a more comprehensive view.
Class Selection: Every product or service falls under a specific class in trademark terminology. For instance, if you’re looking to trademark a new software, it might fall under class 9 which pertains to electronics and software products. The website offers a list and description of these classes to aid your selection.
Execute the Search: Once you’ve keyed in all the relevant information, press the ‘search’ button.
Analyse the Results: The subsequent page will list all trademarks that align with your search criteria. This might include exact matches as well as similar ones. Each entry will come with details about its status, application date, class, and more.
Steps to Perform the Search:
- Access the Portal: Navigate to the official website of Intellectual Property India.
- Find the Trademark Tab: Once on the homepage, locate the ‘Trademarks’ tab. Under this, you’ll find the option for ‘Public Search.’ Click on it.
- Enter the Desired Name: You’ll be redirected to a search interface. Type in the desired trademark name.
- Choose Class: Every trademark is categorized under a specific class, representing the nature of goods/services it pertains to. Select the appropriate class from the drop-down menu. If unsure about the class, the website provides a list of classes with their descriptions.
- Hit Search: Once the name and class are selected, hit ‘search.’
- Review Results: The results page will display a list of trademarks similar to or matching your query. Examine these to check if your desired mark or a similar one exists.
Understanding the Results
After your search, you’ll notice different statuses for each trademark. Here’s a brief understanding:
- Registered:
- When a trademark status reads as ‘Registered’, it means the trademark has successfully gone through all the necessary stages of the trademark application process and has been granted official protection under the law.
- Implications: The owner of the registered trademark has exclusive rights to the mark. This means they can legally challenge any unauthorized use or infringement of their trademark.
- Duration: Once registered, a trademark is typically protected for a period of 10 years in India. After this, it can be renewed indefinitely in 10-year increments, provided the renewal fees are paid and other renewal requirements are met.
- Advertised:
- An ‘Advertised’ status implies that the trademark has passed the initial examination by the trademark office and is now published in the Trademark Journal.
- Implications: This is a crucial phase as it’s an open invitation for the public to raise any objections or oppositions against the said trademark, should they believe it infringes upon their own rights or is otherwise problematic.
- Duration: The opposition period usually lasts for 4 months from the date of advertisement. If no oppositions are filed within this window, the mark moves a step closer to getting registered.
- Opposed:
- A trademark with an ‘Opposed’ status means that during the advertised period, a third party has raised concerns or objections against the registration of the mark, believing it infringes on their own trademark or rights.
- Implications: When a trademark faces opposition, the applicant and the opposing party will usually enter a phase of legal discussions, presentations, and negotiations. This can be a lengthy process and might require both sides to present evidence supporting their claim.
- Outcome: If the opposition is resolved in favor of the applicant, the trademark can proceed to registration. If not, the application may be refused.
- Objected:
- An ‘Objected’ status means that during the examination process of the trademark application, the Trademark Examiner or the office itself has found certain discrepancies or issues with the application that need to be addressed.
- Implications: The reasons for objections can vary. Common reasons include similarity with existing trademarks, lack of distinctiveness, or the mark being deemed deceptive. The applicant is required to address these objections by filing a response, usually within a month.
- Outcome: If the response satisfactorily addresses the concerns raised by the examiner, the application can proceed to the ‘Advertised’ status. If the objections are not addressed, the application might be refused.
Conclusion
A trademark search in India is a crucial step for businesses and individuals looking to secure their brand’s identity. By leveraging the online tool offered by Intellectual Property India, you can easily ascertain the availability of your desired mark, ensuring a smooth trademark registration process.
FAQs on Trademark Search in India
Is the online trademark search free?
Yes, our page at Vakilsearch can provide a free trademark search.
How accurate is the online search tool?
The tool is quite accurate and provides up-to-date information from the Trademark Registry. However, for legal decisions, consulting a trademark attorney is advised.
Can I use a similar trademark if it belongs to a different class?
While trademarks might exist in different classes, using a similar or identical mark can still be risky, especially if the goods/services are related. Always seek legal counsel.
How often is the online trademark database updated?
The online database is regularly updated. However, there might be a slight delay between a trademark application and its appearance on the database.
What if I find an existing trademark similar to mine but with minor differences?
Even slight resemblances can lead to objections. It's advisable to consider a unique trademark or consult with a legal expert to evaluate the risk.
