Trademarks are now essential components of any business. Without making the identity of our own business under the legal process can might have the problem in the future. Anyone else can take our business or organization name, logo, tagline, or whatever we need for the business. Once you have done the registration, the main part is checking the trademark search status India. So, in this article, we will read in detail about how you can check the status of a trademark search status. Before that let’s know about the trademark in brief.
A trademark is a unique logo, title, slogan, sound, or tagline that is use to represent the business. Once it is register, business name, logo, or anything that is under the process, can’t be use by anyone in the organization for commercial use. So, in easy language, we can say a trademark is a company branding. For instance, when you see the Nike logo, you immediately think of shoes. As the Nike logo is register, no one can take the benefit of their logo or name. Trademark is rule under the Trademark Act, 1999 and Trademarks Rules, 2017.
Why do we need to do the Trademark search?
When you are there to find out your trademark, you need to make sure how other trademarks are there, and how you need your trademark. Along with that the trademark you are thinking is available for you or not.
The trade mark which is under your head for your business, might be taken by someone else. If it’s taken by any other organization then there is no means of taking further steps and getting blocked for the registration. Getting the bad news later, it is better to get it sooner & get the new trademark, right?
This will not only save you time but also resources & money plus it will make you of the uniqueness of your brand.
Benefits of Conducting a Preliminary Trademark Search
Save Time – In today’s era time plays an important role. In the growing world, we don’t have time to waste it. So, doing the proper research before getting register is going to save us time. Also, this will not cause any conflicts in our and other trademarks, such as conceptually, visually, or phonetically.
Resources – Searches help businesses avoid the significant resource expenditure involved in preparing and filing a trademark application that might ultimately be unavailable for registration.
Avoid Expensive and Complex Legal Actions – If you register your trademark with the same as the other party’s trademark, then the party with the same trademark can take action against you.
Helps in knowing other businesses in their industry – After ending the search for the trademark you will also end with what others are doing to make their business.
Know the strategies for filling out the trademark in the accurate class – With the search of the trademark you will be able to decide the right class for your trademark because while watching the other business, you will collect lots of information about it.
Right places to search the Trademark before Registration
There are so many ways that you can search for the trademark before registering it. Some of the ways are given below that can help you in that:-
1. Trademark Database –
Global Brand Trademark Database You must have heard about the WIPO (World Intellectual Property Organization), which manages the global brand database. They have been uploading trademark records from national, regional, and international collections. Through this, you can search out multiple sources at one time plus in a maximum number of countries. Searches can be done for text, images, goods, services, sounds, and images. What else do you need?
2. National trademark database No doubt that a global trademark database covers all the countries but it depends on the countries, and how much they are sharing the data with them. So, we just wanted to say it is essential to conduct the national trademark search in your country. So, that you can also get the information about the latest registered trademark in your nationality.
Different websites for different countries where you can search the trademark database:
India – ipindiaonline.gov.in
United States – uspto.gov
European Union – euipo.europa.eu United Kingdom – ipo.gov.uk Australia- ipaustralia.gov.au Canada – ic.gc.ca Japan – jpo.go.jp China – cnipa.gov.cn Germany – dpma.de France – inpi.fr
3. Social Media network
The search not only ends here, many parties are not registere for the tm, but they are using it. So, to be aware of such kinds of people and criminals we need to search out social media, the internet, and many other websites. So, that we can don’t face any kind of problem in the future.
Understanding the Trademark Search Status India
Trademark search is important before taking the journey to register a trademark.
This first step will assist in arriving at a distinctive trademark that will not be confuse with existing trademarks.
A trademark search in India helps determine both the availability and uniqueness of a trademark.
Why it is Important to conduct a Trademark Search
Avoiding Infringement: Trademark search is always important so that one doesn’t fall on one end of the law or even fall to seizer of the trademark that one was planning to use.
Saving Time and Money: It is important to anticipate areas of conflict from the beginning so that you do not have to pay the price of time and possibly money on a rejected application.
Building a Strong Brand: Trademark search is very important to avoid infringement so that the market position of a business entity is well developing by the brand.
How to Perform a Trademark Search in India
Visit the Official Website: The 1st step in trademark search India is to visit the official site of the Controller General of Trademarks and Patents, Designs.
Access the Search Tool: The site offers a clear search tool for what is call the tm search. With this tool, one is able to search existing trademarks through word, sound, or Vienna code, especially for logo trademarks.
Enter the Details: If you have a trademark that you wish to register, please input the details of such here. This may involve the name you want to register, logo, or any other features that are unique in your business.
Analyze the Results: The results obtained from the search will show you other existing trademarks that may meet the features the inputted string. Consider these results carefully to identify the possible conflict according to the strategy map and the measure.
Steps to Registering a Trademark in India
After that, you want to go ahead and register your trademark, but before you do this you must surely affirm. trademark you wish to register should not be similar to any existing trademark.
Here is a comprehensive guide on registering a trademark in India:
Step 1: Preparation and documentation
To expedite the process, prepare all your documents before you submit your application. This includes:
Being able to see and easily identify the trademark.
All records in the applicant’s file, including their name and address.
The goods or privileges for which the trademark will be use.
A power of attorney, if filing through a spokesperson.
Step 2: Filing the Application
Online Registration: A Star Legal helps you to apply to the Controller General of Patents, Designs, and Trademarks to register a trademark.
Fill in the Application: Many of these fields are require to be filled with specific information as you complete the trademark application form. To increase communication effectiveness and avoid confusion ensure that all of the information is correct and is up to date.
Pay the Fees: Trademark registration fee depends on the type of the applicant filing the application for registration. SMEs normally pay lower fees than larger corporations because more business is being generate from those corporations.
Step 3: Examination
Once the application is file, the Trademark Office reviews it to ensure it complies with legal requirements.
Depending on the discrepancies or problems faced the office may issue an examination report which calls for clarification or change.
Step 4: Publication
It is so if only the application succeeds in passing the examination stage, the trademark is then publish in the Trademark Journal.
This publication enables the interested party in the public to voice any objections within a given time quite often four months.
Step 5: Registration
In cases where no adversative remarks are made or where all the objections are decide in favor of the applicant, the trademark is register.
The applicant gets a registration certificate to show that the trademark is now protect by law.
Renewing a Registered Trademark
It implies that your trademark is valid for a period of ten years as soon as it has been register.
Renewing a trademark maintains legal protection. The renewal process involves:
Filing a Renewal Application: Get the trademark renewed before its quality assurance date by filing a renewal application.
Paying the Renewal Fees: Remit the renewal fees to renew your mark and have it protected for an additional ten years.
Staying Informed: It will help to remember the renewal date to avoid the discontinuation of the protection of a trademark.
Conclusion
Trademark Search Status India is an important step in the registration procedure. It helps in an attempt to ensure that the trademark that you are proposing does not in any way violate another person/ company’s rights.
If the trademark is clear and can be registered, then trademark registration can be done. This work can be done online through A Start Legal Associates.
Trademark registration procedure can be divided into several major steps such as examination, publication and objections.
Knowledge of some of the common statuses of the Indian trademark search and awareness of when you will be experiencing them is useful in managing the process.
It is now easy for any individual to protect his or her brand identity and make sure that the trademark is legally protect through the steps laid down in this guide.
Bear in mind, a registered trademark not only affects your company’s market position favourably but also grants legal protection against the misuse of your brand.
