trademark name search

Trademark Name Search Done With Ease and Convenience

Online Legal India LogoBy Online Legal India Published On 21 Jun 2024 Category Trademark

India in recent years has seen a boom in the number of new companies coming up. With the increasing number of businesses, trademarks play an important role in protecting the brand identity. It is important that you do a thorough check of the desired trademark before you get into making significant investments. As this is a legal procedure, not many people have the required knowledge to go ahead with the Trademark Name Search. The experts will provide you with the necessary knowledge to carry a trademark name search and prevent infringement on existing trademarks to protect your brand in the long run. 

What is a Trademark?

Trademark is a term used to describe the unique properties of a good or service and differentiate it from others in the market. As per Section 2(zb) of The Trademarks Act 1999, a mark that can be represented and helps differentiate the goods and services of one business from another is called a Trademark. This is inclusive of the shape, packaging, and combination of colours among other things. 

Trademark Classes

When it comes to the segregating of the Trademarks, the NICE classification of the trademark plays an important role. As per NICE Classifications, Goods and Services are classified into 45 Classes which are segregated into two groups. The Class 1 to 35 deals with Goods and the ones from 36 to 45 deal with Services. Before you begin a Trademark Name Search, it is important that you know the class in which your product or service belongs. 

What is Trademark Name Search?

Trademark name search is the process of using a trademark database to search for a name that you want to trademark for your business. Doing so helps in detecting if there is an existing trademark registered or pending to be registered. This helps businesses make the necessary changes to the trademark they want before it becomes too late. In cases where a trademark is already registered or filed for registration, you can prevent conflict with the trademark which can lead to several problems in the long run. 

For a Trademark Name Search to happen, you need to access the trademark database that has the list of all registered and pending trademarks. If you want to do the search on your own, you can visit the website of CGPDTM( Controller General of Patents, Designs, and Trade Marks). If you are struggling to do it on your own, there are experts who can help you with the trademark name search process. 

Categories of Trademark Name Search

When it comes to a trademark name search, there are various things that you need to keep in your mind. In order to do a proper search, you need to be aware of the categories of trademarks. To get proper results, you can enter the word associated with the trademark you are looking to file. The word will be thoroughly analysed to make sure that there is no existing trademark registered or pending registration. If it does, you will need to make the necessary changes to avoid any conflict or infringement in the future. The three categories of Trademark Name Search are as follows: 

  1. Starts With: When you have a name decided, it is best to search if there is an existing trademark that starts with the word you want to trademark. Doing a name search will show you all those businesses that have a name starting with the word you want.
  2. Contains: The other category is where you can do a thorough search to see if there is any business that contains the word in its name. Doing this will allow you to make the necessary changes to avoid infringement. 
  3. Match With: The last option is if you want to see if there is a business that has a name that matches with the one you want. This will give you a list of all that business that have the exact same work in their business name or have been trademarked. 

How to Do Trademark Name Search?

If you are looking to start a business, you need to make sure that your brand is unique and has a trademark registered. Having a trademark registered can help differentiate your business from that of the others in the market. But to do so, you need to make sure that the trademark you have is unique and for that, you need to go through a trademark name search. If you happen to know the process for a Trademark Name Search, it is well and good but if you are struggling with it, here is how you can go about it. 

  • Making Use of the Government Site

One of the most common methods to do a trademark name search is through the Indian government trademark database. In order to do so you can follow the following steps to make the search easy and convenient. 

  • You need to first log into the official website of the Controller General of Designs, Trademarks, and Patents and Trademarks (CGPDTM) or https://ipindia.gov.in/
  • You can then go to the ‘Trademarks’ tab and click on the ‘Public Search’ option
  • Doing so will take you to a page with three options to choose from, ‘Wordmark, ‘Vienna Code’, and ‘Phonetic’ as per your preference.
  • On selecting Wordmark, you will have to choose from three options ‘Starts With’, ‘Contains’, or ‘Match With’.
  • Once you do that you will be required to fill in the other details like the work you are looking to trademark and the Class of the product or service.
  • On completion, you will be shown a list of all registered, objected, rejected, or pending trademarks. 
  • Detailed Internet Search

The entire world is on the internet today and it is easy to find information no matter the topic and the same goes for trademark name searches. With the government site, you will get a list of all legally registered trademarks, but some other logos and businesses are never registered. These local businesses can often have a similar name that you are trying to get a trademark for and can end up infringing on your trademark. Make use of all the directories online to search for both registered and unregistered companies to make sure that you have nothing to worry about. 

  • Check for a Domain Name

With every business making an identity online, it is important that you have a domain in your name. This will help you set up your business and create an online presence in the digital age. Having a domain name in correspondence to your trademark can play an important role. You can go through the internet or do a general search to make sure that the domain name you want is available. It is not that with the domain name available, you will also have the trademark as the availability of one does not guarantee the availability of the other. 

Benefits of Trademark Name Search

Trademark name search is something that has huge advantages for both individuals and professionals alike. If you are looking to protect your brand identity and intellectual property, conducting a thorough search is key. Some of the main advantages that Trademark Name Search has to offer are as follows: 

  • Avoid Legal Problems: Conducting a thorough trademark name search will help prevent conflict or duplicity that can lead to legal problems. 
  • Protecting Your Investment: Before you start investing in the business and the name, make sure that you will have no issues with getting a trademark for the word. 
  • Building Trust: Your name will define you so make sure that no other businesses are using the name as it can hamper your brand image. 
  • Avoiding Application Rejection: A prior trademark name search will allow you to make the necessary changes so that it does not get rejected by the authorities. 
  • Secure Marketing Efforts: conducting a thorough trademark name search will allow you to promote your business without worrying about legal issues. 
  • Preventing Infringement: With a thorough trademark name search, you will be able to trademark the anime and stop others from using it with legal means. 

What to do With the Results of Trademark Search?

On successful completion of the Trademark Name Search, you will have the option to go ahead with the registration of your trademark. In case the results after the trademark name search show that it conflicts with an existing name, you can make your decision. You can either make the necessary changes and proceed with filing for the trademark or abandon it completely. When you are done with the trademark name search, you can carry on with the next process of filing for the registration of the trademark with the concerned authorities. 

Conclusion

Are you looking to file for a trademark registration for your business? It is best that you conduct a thorough Trademark Name Search before you file for trademark registration. If you are struggling with the entire process, it is best that you let the experts handle the trademark name search process. With experts like Online Legal India, you will have nothing to worry about as our experts will make sure that the trademark name search is done as thoroughly as possible. Get in touch now for a reliable and thorough trademark name search.


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