TRADEMARK SEARCH REPORT

INTRODUCTION

Trademark search report is the first step taken by an individual, company or any other person when they need to know whether a specific mark exists, or they want a mark to get registered. Conducting a Trademark Search helps in ensuring that the logo, slogan or mark is unique and distinctive in nature. Trademark search reports becomeuseful in identifying the marks that can arise conflict or infringe the right of the owner of the mark. Trademark search is a very simple and easy process to do, anyone can do it.

The result of Trademark search is based on the product description, which class it belongs too, which word or mark is being used. It not only shows the existing marks but also their present status like whether the mark is registered, opposed, abandoned etc.., In this article we are going to discuss what is Trademark, the importance of Trademark Search, types of Trademark Search, the process of Trademark Search, how it can be used as evidence and common mistakes during Trademark Search.

WHAT IS TRADEMARK?

A Trademark is a form of intellectual right property that distinguishes one brand’s goods and services with other brands goods and services. A trademark consists of a word, phrase, insignia, symbol or combination of all in one. The Trademark identifies that a particular goods or service belongs to whom, if anyone else tries to have the same mark for their goods or service the owner has the right to claim opposition as he has exclusive right on that Trademark.

THE IMPORTANCE OF TRADEMARK SEARCH REPORT

Trademark Search is an excellent example of ‘Precaution Is Better Than Cure’, as it can help in identifying the mark which can cause conflict in future. Conducting a Trademark Search is important as it can minimize the risk of investing in a mark that is already being used by some other party. It helps you to avoid any kind of legal dispute which can occur by using such mark and it also helps in saving your money from those legal processes which you may face using that disputed mark.

TYPES OF TRADEMARK SEARCH

In India various type of Trademark search can be done based who that trademark is going to be used by the Applicant, few of them are: –

Phonetic search:

It is done to find out that if there is any mark which soundsto the mark you are applying for, the words can be different but do those two marks sound similar? For example, Organic and Organik or Frooti and Fruiti

Exact match:

It is the most basic trademark search as it used to find the identical word to that of the proposed mark.

For example: AYN and AYN

Class wise search:

There is a total of 45 classes of trademark, class 1 to 34 is for goods and 35-45 is for services. The class wise search ensures that no identical mark as of proposed mark exists in same class.

For example: class 9 electronics, marks Sony and Soni

Comprehensive search:

Comprehensive search is in depth search of a mark, it includes all the above-mentioned searches and search of the status the similar mark whether it is opposed, abandoned or pending.

THE PROCESS OF TRADEMARK SEARCH

The Trademark Search is done by using the Trademark Registry online data, the search can be done by anyone by the following process:

Visit the Trademark Registry’s official website Official website of Intellectual Property India

Go to related links, there you find public search

Click on public search, then it will ask permission to proceed to external site, click on yes

You will reach the public search page, which looks like this:

• Then fill in the required information on this page, for example
  • Search type: – type of search you are conducting (e.g. wordmark)
  • Wordmark: – type the wordmark you are searching for (e.g. AYN)
  • Class: – type the class in which you are searching for (e.g. 45)
  • Enter the code shown above: – carefully enter the captcha (e.g. 12345)

• Search: – Last step is to click the search button, you will get all the similar existing trademark registered in Trademark Registry, like

HOW IT CAN BE USED AS EVIDENCE

Trademark Search Report can work evidence in Trademark infringement case where you must prove that you have taken the mark in good faith and in a bona fide intention.

The Trademark search report includes details of every mark whether they were opposed, pending or abandoned, and if you have taken a mark which was abandoned by its prior user then your intention of applying that mark is in good faith, and this can benefit you in a Trademark infringement case.

COMMON MISTAKES DURING TRADEMARK SEARCH

While conducting a trademark search people usually make these mistakes: –

• Not doing phonetic search: people usually do word mark search if it’s clear they think that there will be no conflict in registering this mark, but the phonetically similar sound can be a challenge later.
• Not considering unregistered mark: this sounds confusing, how can an unregistered mark be a problem, but it can. If someone in the local area has been using a similar mark for a very long period, then they claim that they are the prior user of the mark which will eventually create a big problem for the present Applicant.
• Filling the mark without an attorney:Trademark attorney or professionals make sure to check and clear every aspect related to your Trademark Registration. So contact TMWALA if you need any guidance regarding your Trademark Search or Trademark Registration.

CONCLUSION

Conducting a Trademark Search is the very first and most crucial process in Online Trademark Registration process. It ensures that your proposed Trademark does not infringe someone else’s Trademark rights. It also provides clarity about whether you should move forward with the present mark or not. A through Trademark Search by yourself or with the help of a profession can help you save a lot of your time, money, energy and help you avoid future conflicts, legal troubles and unnecessary hassle in the long run.