Your trademark can infringe on someone’s rights and land you in legal trouble.
A person could identify goods and services of a specific source through visual representations such as signs, design, or expression, and the aforesaid noticeable description is known as a Trademark.
Post-registration of such a mark, the owner will get undisputable exclusive rights, subject to terms and conditions, for its usage in terms of identification and representation of services and products.
Intellectual property provides absolute protection to businesses by registering their marks. Hence, with technological advancements, appreciation of Intellectual property has increased swiftly, encouraging and imparting knowledge to existing and new entities for trademark applications.
What is Trademark Search?
Similar to a Patentability search, a Trademark search assists you in recognising the already claimed or applied marks to avoid infringement lawsuits or rejection of applications. This search methodology comprises performing preliminary checks on the applicant’s end. There are available databases that you can look through for any similar marks registered or applied by anyone. However, it also includes a comprehensive search by specialised attorneys and professionals.
Why are Trademark Search Specialists Required?
Professionals or Experts are the saviours when it comes to the research processes. Refine research requires comprehensive planning and detailing, which is achievable by others. Hiring experts minimise the pressure of achieving several tasks within a prescribed timeline.
Process of Trademark Search
After knowing the basics of trademark search, the next question is how to perform a trademark search. Being an essential requisite of the registration procedure, it can decide the future of trademark application, that is, the objections and rejections.
Trademark Class Search
Identification of classes for goods and services is the foremost step toward trademark search, as there are 45 categories allotted to the classification, and each division has a different domain of goods and services. It is crucial to understand that classification goes through a separate registration procedure according to the operations of the industries.
Trademark Type Selection
Post Trademark classes, the next step involves looking for available brand names, and it performs the more filtered and refined search. On the official website of the Public search for trademarks, under the Keyword section, you’ll select the wordmark option. A combination of letters relating to the trademark or complete trademark will be entered accordingly.
Search Execution
After the appropriate mention of the brand name, there will be a dropdown for specific classes of goods and services. Only one class number can be entered to initiate the search.
Conception or Understanding of the Result
Post the execution of the search, results will reflect according to the brand name and class registered with the trademark registry. If the performed trademark search shows results related to the desired mark, the application should not proceed further.
Phonetic Search, if Required
Similar sounded trademarks are found through this process, and identical to the processing of wordmark search, available Brand names and classes are required to be entered in the search box.
The phonetic trademark search is essential because similar sound trademarks get the registration, and the trademark application will not be processed through the registry even if a phonetically sound name exists.
Types of Trademark Searches
According to the official records, three types of searches are available for Trademark in India.
Wordmark Search
Keywords or combinations of letters or the complete trademark must be available in the wordmark option on the official website for the ‘Public Search of Trademarks’.
In this search, combinations of letters are imbibed to sort out all the trademarks from the trademark registry that have used similar words.
Vienna Code Search
This search originated from the Vienna convention, and India, being a member of it, has adopted the procedures they offered. There are possibilities when the visual representation of a particular trademark matches another company’s mark. In such cases, a six-digit code is allotted to the marks having artistic representation. Along with that six-digit code and class number applicable to the product or service will give you a list of marks as per the search.
Phonetic Search
Similar sound or pronunciation is the primary foundation of this search. Instead of the wordmark, trademark details will be available in the phonetic option for further search along with the specific classes.
Classification of Trademark Search
For the refined search, products and services have been given a unique classification by NICE. Based on it, 45 categories are available; amongst them, 34 are for goods, and 11 are for services. Each type has distinct species of goods and services. Hence, the appropriate class selection is an indispensable part of the trademark search.
Goods Classification
Finished Goods: These are goods classified on functions and purpose. In cases where such specifications are unavailable, alternative product categories of finished goods will be selected for comparison.
Multipurpose Goods: They can correspond to all the available functions of all the classes and will be the product’s raw material for further segregation in case of unavailability.
Services Classification
Titles used for Service class are the primary basis upon which the classification for services has been defined for trademark. If such options are not complementary to your services, you can refer to the available Alphabetical services mentioned.
Services rendered by a rented object is the category used for rental services offered by your company.
Advise, consultations and information can be marked into one same category.
Paramount trademark classes that have massive registration are:
- Class 9: Computer software and electronics
- Class 25: Clothing
- Class 35: Business Management and Advertising
- Class 41: Education and entertainment
The competition among these classes are very high; however, with PATHtoIP®, you’ll be at ease with their expertise in the comprehensive methodology of prior art search.
Requirement of Trademark Search
Already Claimed Marks
There are chances that the mark you want to align for your products and services is in use or already claimed. In such circumstances, Trademark search assists you in tracking down the databases where you can come across claimed or registered marks, if any. If no such result exists, you can proceed with the trademark registration.
PATHtoIP® experts will perform exhaustive research with the information you provide to them to check the availability of any registered brand name.
Cost-Effective
The trademark application process involves a hefty amount; apart from that, your brand name design invites a good investment. To avoid duplicacy and rejection of the application, it is suggestive to do a prior art search which will lower the unnecessary cost.
PATHtoIP® being aware of the cost adopts ways to minimise the price as much as possible and offers guidance in terms of the necessary course of action for requisite amendments in your trademark application.
Comprehensive Analysis
The Trademark search process involves strategic and comprehensive planning, and the preliminary search is narrower and doesn’t reveal extensive information. Organisations or companies having a team of specialists and professionals in IP have access to databases that are not easily accessible such as publication, domain name databases, state databases, etc.
Legal or formal search is the synonym for Comprehensive analysis because their services include the requisite opinion of professionals with explicit training and experience in Trademark registrations.
Why Choose PATHtoIP® for Trademark Search?
PATHtoIP® is one of the prestigious organisations delivering exceptional services related to Intellectual properties with an experienced team of IP consultants that have empowered several inventors and organisations.
In today’s competitive market, it’s easy for products and services to get copied. Hence, it becomes essential to protect your idea and invention by registering a trademark for your brand name.
PATHtoIP® ensures that they cover all the possible aspects that could bring you within the spectrum of infringing someone’s right.