In the past few years Indian Companies and businesses have become more aware about the importance of Intellectual property rights. Gradually there is a rise in the number of trademark applications in the registry. In order to avoid Trademark disputes it is important for the applicant to conduct a trademark search before filing for their Trademark applications.
Trademark Search
Trademark scratch can be conducted on the government portal of Trademark search. It ensures the availability of trademarks before its application and it also helps in avoiding infringement suits against them.
Trademark Database
In India, the Comptroller General of Patent Designs and Trademarks monitors Trademark Registration and oversees registered trademarks. An electronic trademark search database is accessible via the Comptroller General’s website for patent designs and trademarks, which can be used by both professionals and non-professionals to search for a trademark.
The database of trademarks contains all trademark applications issued by the Registrar of trademarks in India including licensed, notified, objected, and expired trademarks. A trademark search on the trademark database will provide useful details relating to the search question for the trademark.
Categories of Trademark Search in India
There are three categories for Trademark search in India and they are as follows-
Wordmark- For alike word representation
Vienna Code- For alike artistic work mark
Phonetic- for alike similar sounding trademark
How to conduct a Trademark Search in India
You can reach the professionals of BIAT legal for guidance on the Trademark search and online trademark search on government portal can also be conducted-
Wordmark Search
To perform a wordmark search, select the ‘wordmark’ option from the search type option and insert the keywords of the proposed trademark in the box provided.
As there are 45 classes of Trademark registration. One has to enter the correct class(es) in the box provided for the same. In the Indian trademark database, one can perform a search using only a single class at a time.
One can also perform the wordmark search using any kind of prefix method such as ‘Starts With’, ‘Contains’ or ‘Match With’.
A search with the keyword in the “Starts With” option will display all the trademarks starting with the searched keyword in the results.
Likewise, a search with the keyword in the ‘Contains’ option will display all the trademarks containing the searched keyword in the results.
On the other hand, the ‘Match With’ option will show all the trademarks which match with only the searched keyword in the results.
Search Results
After entering all of the necessary information, click the ‘Start Search‘ button to view the search results. The necessary details of each trademark, such as S. No., matching trademarks, and pictures will be displayed on the table. To display all search results, click the selection box shown in S. No. for the selected trademark or view the box at the left top corner. After checking the boxes, click the ‘report’ button to view all of the trademark results in detail.
After doing a search, if no similar trademarks are identified on record, the trademark may be filed.
Phonetic search
The approach of doing a phonetic search is the same as conducting a wordmark search, with the exception of the prefix method. As a result, the phonetic search of the trademark can be performed in a similar manner as described previously.
Vienna code search
The Vienna code search is mostly used to locate similar device marks. One must input the six-digit Vienna code in the field labeled “Vienna code” and then pick the appropriate class. Following the search, the result table will display all of the marks that contain the device.
Comments