How Can I Check If A Trademark Is Registered?

A trademark search is simply checking if another person or organization does not already own the trademark that one wishes to register. By doing so, the applicant makes necessary amends to their trademark to avoid conflicts. The present article briefs about the procedure to check whether a

trademark is registered.

Trademark

A trademark is a distinctive mark, logo, symbol, or band used by an organization or an individual to identify and distinguish their goods and services. The trademarks of India are registered and regulated under the Trademarks Act (1999).

Importance of Trademark Search

As all Indian trademarks are controlled by the Comptroller General of Patent Designs and Trademarks in India and recorded by the Indian Trademark Registrar, the applicant can conduct a trademark search through the online database to ensure that their trademark is.

A trademark search would prevent an infringement of the applicable laws (s)
Prevention of duplication by checking the availability
Ensuring uniqueness while also having proper trademark classification.
Prevention of intellectual property conflicts

Trademark Class

A trademark only grants exclusivity for the use of the mark in connection with the category of goods having services for which it is registered. There are 45 classes under trademark, 34 of which fall under 'Goods' and 11 under 'Service.' To learn more about the Trademark class -

Click here.

Procedure to Check for a Trademark

Follow the below-mentioned steps to efficiently conduct a 'Trademark Search' through the government page.

Log in to IP India government website.
Click on the ‘Trademarks’ tab
Select ‘Public search’ on the right-hand side of your screen.
By doing so, you will be redirected to another page.
Under ‘Search Type’, there are 3 options available; ‘Wordmark, ‘Vienna Code’, and ‘Phonetic’. You may choose which type of search you wish to do for your trademark.
re-directed criteria, the keywords change as listed below

Search Criteria	Keyword Fields
Wordmark	Wordmark, class, goods description Vienna
Vienna Code	Vienna code, class
Phonetic	Phonetic, class, goods description

The required details are to be filled in. (If there are many goods or services related to the trademark, the app description Vienna code-based search)
The resulting panel will display the list of registered/objected/abandoned trademarks which will serve as the basis for services on the trademark.

Conduct a Trademark Search through IndiaFilings

To conduct a Trademark Search through IndiaFilings, follow these steps:

Step 1: Go to the IndiaFilings Trademark Search page.

Step 2: Type your desired brand name in the search field and click "Search Trademark."

Step 3: The results will show the status of the trademark, whether registered, abandoned, or related status. For each trademark, all the relevant information will be displayed, such as application number, date, proprietor name, trademark type, etc.

Step 4: If your trademark is unavailable, connect with IndiaFilings' trademark experts for guidance to identify and register an appropriate trademark.

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Frequently Asked Questions

Common questions about Trademark Search and Registration Process in India.

A trademark search is the process of checking if a desired trademark is already registered or applied for by someone else. It is important to conduct a trademark search to avoid infringing on existing trademarks, prevent duplication, ensure uniqueness, and avoid potential legal conflicts related to intellectual property rights.

You can check if a trademark is registered in India by using the online database provided by the Indian Trademark Registry. Visit the IP India government website, navigate to the "Trademarks" section, and use the "Public Search" feature to search for your desired trademark based on criteria like wordmark, Vienna code, or phonetic similarity.

The article mentions three types of trademark searches available on the IP India website: Wordmark search (based on the word or text of the trademark), Vienna Code search (based on the graphical elements or symbols), and Phonetic search (based on the phonetic similarity of the trademark).

A trademark search result will typically display a list of registered, objected, or abandoned trademarks that are similar or identical to the searched trademark. For each result, you can expect to see details like the application number, date, proprietor name, trademark type, and associated goods or services classes.

Conducting a trademark search through a professional service like IndiaFilings can provide expert guidance and assistance in identifying an appropriate and available trademark for registration. They can help interpret the search results, suggest modifications if needed, and streamline the overall trademark registration process.

There are 45 classes for trademarks in India, with 34 classes under 'Goods' and 11 classes under 'Services'. The classification is significant because a trademark registration is granted exclusivity only for the specific goods or services categories it is registered under.

Yes, you can register the same trademark for multiple classes if you intend to use it for different goods or services. However, you will need to file separate applications and pay fees for each class you wish to register the trademark under.

If a trademark search reveals a similar or identical trademark already registered, it is advisable to modify or change your proposed trademark to avoid potential conflicts or legal issues. Consulting with a trademark professional can help determine the best course of action in such cases.

It is recommended to conduct a trademark search periodically, especially before launching a new product, service, or rebranding effort. This ensures that your trademark remains unique and does not infringe on any newly registered trademarks in your industry or field.

While it is possible to register a trademark without conducting a search first, it is highly recommended to perform a thorough trademark search before applying for registration. Skipping this step can lead to potential legal complications, rejection of your application, or costly disputes if your trademark infringes on existing registered marks.