Trademark Public Search

Trademark Search is a utility provided by the Controller General of Patents, Designs and Trademarks to search the exhaustive catalogue of all issued trademarks so far. A trademark is a sign provided to a business to use as its identity. It can be a text, graphic, colour combination, 3D design or sound. It provides users with the right to use the mark and prohibits everyone else from using it. Now the problem is how to know whether the trademark we want for our business is taken by someone else or not. This is where Trademark Public Search India fulfils its purpose.

The trademark public search utility allows users to access a vast database of registered trademarks. It provides crucial information for brand protection and helps in decision-making. This platform enables users to search for existing trademarks, assess their availability, and avoid potential infringement issues. By conducting a comprehensive trademark search, users can make informed decisions when it comes to branding, marketing, and product development. This tool promotes transparency, fosters fair competition, and helps safeguard intellectual property rights.

The Trademark Name Search is very important before you apply for the grant of trademark for your business. If the mark you applied is already claimed by someone else then he can file an objection against your trademark and your trademark application will go in vain. The following points further highlight the importance of Trademark Public Search-

• It prevents businesses from choosing an already claimed trademark.
• It provides a comprehensive list of all registered trademarks.
• It is the official trademark finder hence the data provided by this service is reliable.
• It also provides information regarding the trademark status which helps businesses to decide on the possibility of getting the trademark. If it is about to expire and the owner has not protected it then it may be available to use in future.
• It also provides the owner's information so you can contact the owner and ask whether he can allow you to use the trademark or not.
• If it is not utilised properly then there may be chances to lose the trademark application and the processing fee as well.

The Controller General of Patents, Designs and Trade Marks has classified the trademarks into various categories. These categories are called classes and given a unique number. Currently, there are a total of forty-five classes. From Class 1 to Class 34, the goods are classified while from Class 35 to Class 45, services are listed. You need to know which class, your business belongs and accordingly, you should start TM Search India.

To conduct the trademark name search, you need to visit the Trademark Public Search Portal of the Controller General of Patents, Design and Trade Marks. It works under the Department of Industrial Policy and Promotion. It is the official and most reliable catalogue and you should avoid other websites as they may contain outdated information. You should follow the below-given steps to make a Trademark Name Search-

Step 1: Selecting the Type for Trademark Public Search

To begin the trademark search process, the first step is to determine the Trademark Type and choose the appropriate class. There are three types - Word Mark, Vienna Code and Phonetic. Make sure to utilize the official trademark search portal on the IP India public search website.

Step 2: Performing the Trademark Name Search India

On the trademark search portal, select Wordmark from the drop-down list as the search type. In the corresponding text box, enter your brand name. For example, if your brand name is "Optimist" and the relevant class is 41, enter the information accordingly and click the "Search" button.

Step 3: Understanding the Search Results

The search results matching the entered term will be displayed on the screen. It provides various details relating to the trademark including the mark, proprietor, application number, class and status. If you click on the ‘Show Details’ Button, it will provide further details of the trademark. Pay attention to the following key details-

• Application date: Check the date when the trademark application was submitted.
• Used Since - Review the details of when the trademark was first used.
• Valid up to - Note the duration of trademark registration before renewal.

Step 4: Conducting a Phonetic Search

To identify trademarks with similar-sounding names, perform a phonetic search. Select "Phonetic" from the first drop-down box under Search Type, enter your brand name and class, and conduct a second search. It is crucial to examine phonetic similarities, as even if the brand names are not identical, there may be similar-sounding trademarks. The trademark registry will not authorise an application for a phonetically identical brand name. Therefore, performing a phonetic check is essential to ensure trademark distinctiveness.

When you search for a trademark check it shows the status of that trademark along with other important details. This status shows, at which stage the application for that trademark is reached or whether the trademark is registered or refused. A trademark can have any of the following statuses-

• Applied:- It appears when the applicant has applied but the registrar did not yet process it.
• Withdrawn:- The trademark application is withdrawn when the applicant has filed an application for the withdrawal of his trademark application and the same is accepted by the Controller General.
• Examination:- In this stage, the Controller General of Patents, Designs and Trademarks examine the application.
• Objected:- When there is any discrepancy in the application or it is not valid according to trademark law, the registrar objects to the application.
• Published:- If the trademark application is valid, the trademark is published for opposition. At this time, the status reflects the word, ‘Published’.
• Opposed:- If any trademark holder wants to oppose the application he can do so after the publication of the trademark. In that case, the status will be ‘Opposed’.
• Registered:- If no one opposes the application, the trademark is registered and the status changes to ‘Registered’.
• Expired:- If you do not renew the trademark after its expiration then it will expire and the status changes to ‘Expired’.
• Cancelled/Removed:- It is shown on the status of the trademark when a trademark is removed from the books of the registrar.
• Abandoned:- When a trademark owner does not renew his trademark even after its expiration date then it becomes an abandoned trademark.

Tips to Perform a Trademark Name Search

There are some other points you must remember when performing a Trademark Public Search in India to avoid possible difficulties that may arise later. These points are as follows-

• Consult with Professionals:- You should also consult with professionals who have experience in registering trademarks. They can help you in your Trademark Name Search as well as the registration of the same.
• Perform an International Search:- If you have planned to expand to other countries as well then an international search through the WIPO portal can help you. You may avoid choosing a name that is already popular in some other country.
• Perform Multilingual Search:- Search with different pronunciations and translations. It may help you if you wish to localise your brand for end consumers in their language.
• Abbreviation:- Often abbreviations of a brand get more popular and hence the trademark for the same should also be searched. FIAT, IKEA, IBM and FedEx are some examples.
• Class Selection:- Generally, you should choose a class according to your business category but to be on the safer side you should also search for different classes to minimise the risk of objection.

When it comes to running a business and ensuring its growth, it is crucial to not only focus on infrastructure and capital but also on complying with the rules and regulations of the country. Non-compliance can lead to legal issues that can negatively impact your business. That is where Corpseed can help. With our years of experience and in-depth knowledge of the Business and Trademark Regulations in India, our dedicated team at Corpseed understands the complexities involved in the Trademark Public Search Process. We provide comprehensive assistance to our clients, conducting thorough desk-based research, handling documentation, and facilitating coordination to ensure compliance with the rules applicable to the trademarks. Corpseed is your all-in-one solution for meeting your business needs.