What is a trademark search?
Trademark search is searching the database of trademark registry to find out whether a proposed trademark exists for not. Though it is not compulsory to conduct a trademark search before filing a trademark application but it is always advisable to conduct a trademark search.
Trademark search in India can be made on the basis of word, letter, and mark whereas device searches are conducted in India according to the Vienna convention. The word search is conducted according to the letter that forms a part of the mark or word which requires trademark and by putting the appropriate class to which the trademark belongs.
What are the benefits of conducting a trademark search?
Conducting a trademark search is not necessary but it is always advisable to conduct a trademark search before filing an application for registration of trademark. Firstly, conducting a trademark search helps an individual to understand whether his proposed trademark has already been registered or not. Filing an application in respect of a trademark already registered is an invitation to infringement suit and defending such a suit which would involve large amount of money or discontinuation of the proposed trademark.
Secondly the trademark search will helps you analyse the strength and weakness of your trademark and you always have the option of changing the words, symbol or design of the trademark before registering it.
Is conducting a trademark search an online procedure and free of cost?
Trademark search can be done by conducting a thorough search at http://www.ipindia.nic.in/ by using the search trademark tab. Though this search can be done by an individual himself but it is always recommended that legal assistance is sought as it ensures accuracy.
How can a trademark search be conducted?
A trademark search is conducted on basis of three parameters word mark, device mark and phonetic. The following are the steps of conducting a trademark search
To conduct a trademark check you have to go to https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx# and fill in the details of the word/s (letters contained) or phonetics or Vienna Code and class of the goods/services. To check your class of goods/services you can check from the categories given in https://ipindiaonline.gov.in/tmrpublicsearch/classfication_goods_service.htm .
The Vienna code for classification of figurative elements can be found at https://www.wipo.int/classifications/nivilo/vienna/index.htm