TRADEMARK SEARCH
IPR Studio have trademark attorneys having extensive experience in tackling Trademark Searching. The Trade Marks attorneys will prepare YOUR Tradrmark Application.
IPR Studio have trademark attorneys having extensive experience in tackling Trademark Searching. The Trade Marks attorneys will prepare YOUR Tradrmark Application.
Before applying for trademark it is very necessary to conduct a trademark search to identify potential conflicts that could arise with existing trademark applications or registered trademarks in the same trademark class. In order to avoid it is always recommended to conduct a “Trademark Search” as trademark searches are an integral part of trademark ownership.
While conducting trademark seaches ONE can identify trademarks identical to your own mark, confusingly similar trademarks that conflict with your own mark making it more difficult to spot.
It is very important to conduct a preliminary search prior to registration of a new mark is very important to know about potential infringements, as well as to be protected against potential revocation of your mark. If there are any pre-registered marks significantly similar to your own which may lead to the refusal of your mark’s registration.
It is very important to get a proper search conducted by a trademark attorney as an improperly conducted trademark search at the initial stage could mean that your latterly registered trademark is liable for revocation if the existence of a similar pre-existing mark comes to light significantly contributing to wastage of time and resources.
Thus companies must carry out trademark searches routinely or comprehensively.
Comprehensive Trademark Search
Compared to a preliminary search, a comprehensive trademark search is always considered better due to its wider scope.
We specialize in providing a comprehensive trademark search as we have access to a large database having various state trademarks, company names, publications and domain names. This helps in performing a detailed comparative study and in seeking legal advice about concerns that you may face later while registering your trademark.
Start protecting your brand today by registering a trademark online through IPR STUDIO
Significance of Trademark Search:
A Trademark search has now almost become a mandatory step which is a part of due diligence carried out by the Trademark attorney before applying for the Trademark with the registry, the significance of this search can be understood by multifarious advantages which this search yields. The major advantages of Trademark Searches are as follows:
Thus by a meticulous trademark search, the proprietor shall ensure smooth registration of his trademark avoiding any third party conflicts resulting in quicker registration.
Due to the above-mentioned benefits of the Trademark search, it is highly recommended to conduct such a search before applying for the Trademark.
Conducting a Class Search:
The first step in conducting a Trademark search would be determining the ‘Class’ under which our applied Trademark shall lie. This step is necessary owing to the fact that a trademark is protected against infringement only if both the marks are registered under the same class. Thus similar trademarks applied under different classes shall not be conflicting unless the other mark falls under the definition of ‘Well Known Trademark’. The Nice Classification of Trademarks is a universally accepted form of Trademark classification that has a total number of 45 classes out of which the first 35 belongs to the category of ‘goods’ and the remaining 36-45 belongs to the category of ‘Services’. Thus the proprietor must be certain about the classes under which he wants the goods/services to be registered under as the same shall not be beneficial only for Trademark search but also for Trademark application.
Key Points and Words while Searching:
Prohibited marks are the marks that are not permitted to be registered as a trademark in India, hence the proprietor must be certain that the applied mark does not fall in the list of prohibited marks. Eg. ‘ISO’ mark.
Well Known Trademarks are those trademarks that have become very popular across the geographical boundary and have created an immense reputation of its brand name and thus such marks are capable of being protected even though the applied mark and the well-known trademark are registered under different classes. Eg. Rolex, Gucci.
Multi-class registration refers to the trademark which has been registered under two or more classes and while searching for prior art the proprietor must be aware of the multi-class under which the similar trademark has been registered.
The stage of the Trademark must also be noted for the similar trademark pertaining to the stage of the registration like approved, opposed or rejected as it may help in deciding the possibility of registration of the applied mark and chances of opposition by similar marks.
Vienna code classification gives the details of the international classification of the figurative elements of marks that are required for checking a trademark on the Vienna code search criteria.
Searching of the Trademark
The process of conducting a trademark search is quite simple and can be carried out in 4 simple steps which are as follows:
Conclusion:
Thus it can be seen that the process of conducting a trademark search is quite simple and does not require a lot of resources, however, yields a lot of benefit by providing the proprietor with the chance to modify his mark before applying in order to avoid unnecessary objections which may disrupt the process of registration causing inordinate delay and unwanted expenses. Thus it is desirable and advisable to conduct a Trademark search before applying the mark to the registry.
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