A trademark search is done before registering a trademark for business. This saves a lot of time and money of the entrepreneur. Prior to filing a trademark for the protection of your business, make sure to confirm that the mark you have selected is available for use and registration by doing a thorough search. 

Examining already-registered trademark to determine whether your proposed mark would conflict with them is known as ‘Trademark Search’. This procedure raises your chances of a successful trademark registration while assisting you in avoiding infringement difficulties and high penalty. We will go over how to properly search for trademarks prior to registration in this blog, protecting the legal protection and identification of your brand. 

Trademark Database

The Comptroller General of Patent Designs and Trademarks (CGPDTM) is in charge of overseeing trademark registrations and registrations in India. The CGPDTM website offers an online trademark search database that both professionals and non-professionals can utilize to do a search. The goal is to allow any person wishing to register a domain name in the gTLDs or ccTLDs to perform a search, using this site, in the existing on-line trademark databases. All of the trademark applications filed to the Indian Trademark Registrar, including those that are registered, applied, objected to, and expired, are included in the trademark database. The user can obtain useful information about their trademark query by doing a search of the trademark database.

Trademark search parameters

There three search type options are available that includes:

1. Word Mark – For similar representation of Word Mark;
2. Vienna Code – For similar artistic representation; and
3. Phonetic – For phonetically similar words.

• Use Word Mark Search

To do a Word Mark search, for instance, choose the “Word Mark” search type and enter the proposed trademark’s term or keywords in the box labeled “Word Mark.”
For trademark registration 45 classes are available. According to the Nice Classification, Classes 1-34 deal with a variety of goods, whereas Classes 35-45 deal with services. 

As a result, you will need to type the class in the “CLASS” correction box. Additionally, the class(es) must be associated with the goods or services you offer under your brand. You can only use one class at a time to conduct a search in the India trademark database. Any of the prefix methods—”Starts With,” “Contains,” or “Match With”—can be used to do a Word Mark search.

• Phonetic Search

With the exception of the prefix approach, the phonetic search would be the same as the Word Mark search method described above. As a result, you may use the previously described procedure to do a phonetic search for the trademark.

• Vienna Code Search

In order to identify a similar device mark, the Vienna code search is primarily used. To do this, enter the six-digit Vienna code that corresponds to the term “Vienna code” and choose the appropriate class. Following the search, every mark containing the device would be displayed in the result table.

How to do a trademark search?

To do the search in India, visit the respective search database using a web browser

• At the top of the page, choose Word Mark as the Search Type.

• To search the trademark database, enter the Word Mark that you want to use. Three criteria can be used to compare the trademark database with the search query: “Start with,” “Contains,” and “Match with.”

• All search database entries beginning with the value entered for the search will be shown by using the start with function.
• All trademark search database entries that include the search parameter value will be shown by contains.
• Match with will show all the database items that match the query value entered.

• Select the appropriate trademark class. There are 45 classes for trademarks, and each class designates a different set of products or services. A registered trademark or trademark application will only be pertinent to the class under which it was applied for.

• Click search to begin the search.

Understanding trademark search results by illustration

In the following illustrated example, the results for trademark search of the word “Ford” under Class 12 (Class 12 pertains to vehicles) is explained.

The search list results displays a list of all the trademarks that start with the word “Ford” registered under class 12. It is no surprise that Ford Motor Company of Canada Limited is the owner of the Word Mark “Ford” under class 12. Selecting the option “show details” would display information pertaining to the trademark application number, application date, owner information, trademark validity date, trademark used since date and a description.

A search could bring up a number of matches and understanding the search status is essential for interpreting the implications. If, the search returns “no matches found” then there are no registered or applied trademarks that match the query. Further, search of the trademark database for the same query with a different match type or a modified query is then recommended. It is important to note that for a trademark to be registered, it must not similar to any existing trademarks.

Conclusion

Performing a trademark search prior to registering is an essential measure for safeguarding your brand and guaranteeing adherence to legal regulations. This will ensures to reduce the possibility of trademark disputes and raise the likelihood of a successful trademark registration by adhering to the specified procedures and carefully reviewing already-registered trademarks. By taking a proactive stance, you can protect your brand’s reputation and stay clear of future expensive legal conflicts. As a result, devoting time and energy to a thorough research is crucial to building and preserving a powerful brand presence.

FAQs

1. Who Needs a Trademark Search?

Prior to filing an application a detailed trademark research is required. Trade mark search will save a lot of time and money when filing trademark application. The reason behind trademark application rejection is overwhelming similarity of the proposed mark in respect with the already registered mark. A comprehensive trademark research will help you to avoid this problem.

2. What is trademark search?

Any action which is done to find out whether or not a trademark is utilized in commerce is referred to as a trademark search. There might be narrowly focused or cover every possibility for trademark protection for any mark that even somewhat resembles the mark that is being looked into.

3. What is a clearance search?

To ascertain whether your trademark clashes with other registered trademarks, a thorough clearance search entails looking through a range of sources.

4. What is infringement search?

A Freedom to Operate (FTO) search, sometimes referred to as an infringement search, is the review procedure when an individual determines if it is feasible to market a product or concept without violating pre-existing patents.

5. What is the reason for search of trademark before registration?

Finding any previously registered trademarks that could be confusing to customers or that are similar to the proposed brand is the aim of the search of Trademark.