How to check if the trademark is already registered?
A trademark is a word, symbol, design, or phrase which is capable of distinguishing the goods and services of a proprietor from those of others.
It serves as a unique identifier for a brand as compared to an unregistered trademark and helps consumers to recognize and associate products or services with a particular company. Trademarks are protected by law and can be registered with the relevant government agency to prevent unauthorized use by others.
|Table of Content|
1. Why does a trademark lookup matter?
2. How to conduct a registered trademark search?
3. Documents required for trademark search
Why does a trademark lookup matter?
Trademark lookup is important in India for several reasons:
- Avoiding Infringement: Conducting a trademark lookup helps in determining if a particular trademark is already registered or pending registration with the Indian Trademark Office. This information helps to avoid infringement of existing trademarks, which can lead to legal disputes and financial penalties.
- Protecting Your Brand: Registering a trademark in India provides legal protection to the owner and helps prevent others from using a similar trademark. A trademark lookup ensures that the proposed trademark is an unregistered trademark, helping to protect your brand from potential legal issues.
- Business Growth: A strong trademark can help to build brand recognition and reputation, which is crucial for business growth. Conducting a trademark lookup can help in identifying trademarks that are similar to your proposed mark, allowing you to modify or select a new trademark that is more distinctive and memorable.
- Legal Compliance: The Indian Trademark Office requires that all applicants conduct a trademark lookup before filing a trademark application. Failure to comply with this requirement can lead to delays or rejections in the trademark registration process.
How to conduct a registered trademark search?
To check if a trademark is already registered in India, you can follow these steps:
- Visit the official website of the Indian Trademark Office at https://ipindia.gov.in/ and click on the “Trademarks” tab.
- Click on the “Public Search” button on the page’s left side.
- On the Public Search page, select “Wordmark” from the drop-down menu under “Search Type.”
- Enter the trademark you wish to search in the “Search Text” box and select “Vienna Code” from the “Search Fields” drop-down menu.
- Select the appropriate “Class” of goods or services from the “Class” drop-down menu.
- Enter the security code displayed on the page and click on the “Search” button.
- The search results will display all trademarks that match your search criteria, including trademarks that are already registered, pending registration, or have been abandoned.
- Review the search results to determine if your trademark is already registered or pending registration with the Indian Trademark Office.
It is advisable to conduct a comprehensive search before applying for trademark registration to avoid potential legal issues. Professional trademark search services are available for a fee and can provide a more detailed and thorough search of existing trademarks.
Documents required for trademark search
To conduct a trademark search in India, you do not need any specific documents. However, it is advisable to have the following information ready before conducting a trademark search:
- The trademark you wish to search: This should include the exact word or words you want to trademark, as well as any design elements or logos.
- The class of goods or services: Trademarks are classified into 45 classes based on the type of goods or services they represent. It is important to determine the appropriate class for your trademark to conduct an accurate search.
- Vienna Code: Vienna Classification is an international system of classification of figurative elements of marks, which includes a series of numerical codes. Knowing the Vienna Code can help to narrow down the search results and make the search more accurate.
Once you have this information, you can conduct a search on the official website of the Indian Trademark Office. Alternatively, you can hire a professional trademark search service that can provide a more comprehensive and accurate search of existing trademarks.
In conclusion, conducting a trademark lookup in India is an important step in protecting your brand and ensuring legal compliance. By checking if a trademark is already registered or pending registration with the Indian Trademark Office, you can avoid infringement of existing trademarks, protect your brand, and promote business growth. The process of conducting a trademark lookup is relatively simple and can be done online, either through the official website of the Indian Trademark Office or by using a professional trademark search service. Remember to have the necessary information ready, such as the trademark you wish to search for the class of goods or services, and the Vienna Code. By conducting a thorough trademark search, you can safeguard your brand and avoid potential legal issues in the future.
Frequently Asked Questions (FAQ)
- What is a trademark search?
A trademark search is a process of checking if a particular trademark is already registered or pending registration with the relevant government agency.
- Why is a trademark search important?
A trademark search is important to avoid infringement of existing trademarks, protect your brand, and ensure legal compliance.
- How can I conduct a trademark search in India?
You can conduct a trademark search in India by visiting the official website of the Indian Trademark Office and using the Public Search feature.
- What information do I need to conduct a trademark search in India?
To conduct a trademark search in India, you need to have the exact word or words you want to trademark, the class of goods or services, and the Vienna Code (if applicable).
- Can I conduct a trademark search for free in India?
Yes, the Indian Trademark Office provides a free Public Search feature on its website. However, a professional trademark search service may provide a more comprehensive and accurate search for a fee.