February 12, 2022
Public Search Overview
The first step in avoiding trademark-related disputes is to conduct a detailed and thorough trademark clearance search to guarantee that it may remove any connected trademark difficulties to a more significant extent.
A trademark search is best done before adopting a trademark and investing in a brand. It entails looking at all identical trademarks that are registered in the process of registration or use. If you’re not sure if the trademark you’re using is conflict-free, you can do it later
What does Trademark Public Search Stands For?
Businesses may do a trademark public search to see if a trademark is available in India. Companies can use a public inquiry to identify existing registered trademarks by searching public web data. Consequently, it can assist businesses in avoiding the use of the same brand and instead identifying a distinctive and differentiating mark. The trademark office only gives such intellectual property rights to original and authentic applicants. As a result, the trademark office will reject your application if another trademark with the same name, symbol, or logo as yours already exists. Individuals and businesses must guarantee that their trademarks are distinctive before filing for registration.
What are the Types of Trademark Public Search?
The general trademark search service in India comprises three parameters or categories, which are as follows:
Wordmark Search: The term “wordmark search” refers to products and services that utilize wordmarks to identify and distinguish themselves. It refers to any words or markings that aid in identifying or differentiating goods or services. Wordmarks comprise letters, digits, and typographic characters, among other things. The wordmark-based trademark applies to any firm that produces goods or services with a word-based product name.
Viena Code Search: The Vienna code is an international categorization system for figurative components of trademarks. As a result, representative features, such as pictures, illustrations, graphic labels, pictorial elements, and any combination, are covered by a trademark public search. The trademark office assigns a Vienna code for trademark applicants with any symbolic aspect. When searching for a Viena code, enter the Viena code first, then the class of the products or services. For figurative markings, India adopts this international categorization system.
Phonetic Search: A phonetic search might assist when two trademarks have the same pronunciation. Companies can utilize phonetic search to find similar-sounding brands, confusing them. Companies can file various trademark applications for the same name if they spell it differently. Clients or a company’s target audience may mistake one for the other, causing the firm to lose customers. Avoiding such misunderstandings might be as simple as conducting a phonetic search before filing for a trademark.
Facing Problems in Trademark Public Search? Here's the Solution!
The trademark search is an essential aspect of the trademark registration process. If the search is not done correctly, there is a potential that the trademark application may be objected to and rejected. The techniques for searching for a trademark are outlined below.
Step 1. Select Your Class
Selecting the appropriate class is the first stage in trademark registration and search. Different commodities and services are divided into 45 Trademark classes by the Trademark Registry. As a result, the appropriate class for the product or service in question must be chosen.
A product may appear to belong to only one or two classes; in that case, choose the best class or all classes that fit the products and services description. From the Trademark Registry’s webpage, you may select a class from classifying products and services.
Step 2. Trademark Search from Official Portal
Following a class selection, the next stage in the trademark search procedure is to examine the brand name’s availability using the processes outlined below.
- This screen will appear when you open the Trademark Portal.
- Select Wordmark from the drop-down list in the search type field.
- In the first row, next to a wordmark, there is another drop-down list where you may pick Contains and then type your brand name in the provided area. If the brand name is “Big Bazaar,” for example, you should double-check each word. Begin by searching for “Big” and then “Bazaar.” It will apprise you with all of the necessary information.
- Next to the class, in the second row, type the class number you wish to look up your brand name, and then click search, as shown below.
- All of the matching brand names are listed below.
- If there is no equivalent brand name, it will be displayed below.
- Now, under Search Type, pick Phonetic from the first drop-down list and input the brand name and class as indicated before, then search again as shown below.
- It is critical to evaluate the brand name phonetically since there may be no similar brand names, but there may be brands that sound similar. If your brand name is “seez” and there are no comparable results in a trademark search, but there is a brand with “ciz,” a result will appear when you search it phonetically.
- Even if a phonetically similar brand name is, the ministry will not grant the trademark application. As a result, a phonetic check is required.
This comprehensive guide will assist you in doing a trademark search and deciding whether or not to file a trademark application under the same brand name. Is it necessary to develop a new brand name because comparable names were identified in the search?
Why is Trademark Public Search Important?
When it comes to trademarks, many individuals have similar concerns. The first is why do a trademark Public search in the first place. This is the main question that is asked very often in a variety of ways. Is it also required to do a search? Most of them wish to evade the investigation by filing a trademark application.
Confusion can be avoided.
Similar trademarks might cause confusion among a company’s intended audience. Such misunderstandings might have a negative impact on a company’s reputation or brand value. You may avoid any potential misunderstanding by doing a public search before filing for trademark registration.
Helps In Legalities
Using a trademark identical to that of another firm might result in legal issues. The other firm may launch a lawsuit against you if you use the same trademark. It is also illegal to use a registered brand without the consent or knowledge of the trademark owner.
The face of Your Company
Choosing a good trademark is critical for every company or corporation since it serves as the organization’s face by establishing brand value. Conducting a public search before filing for a trademark will help firms in selecting the most appropriate trademark.
Conclusion
This method may be used to conveniently look for the availability of a brand name, but it is always advisable for lawyers to seek expert assistance (mark shield). As a professional, Markshield has a better technical understanding of trademark laws, which will assist you in making better decisions. However, the trademark registry retains ultimate approval authority over the trademark application
Image source: ipindiaonline
Naseem
Naseem Sheikh is a trademark enthusiastic and has been practicing intellectual property law for close to six years.
