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Sakshi Srivastava
| Updated: 21 Dec, 2020 | Category: Trademark

Everything you need to know about Trademark Search in India

Trademark Search in India

Trademark Search tells you to know if there are similar trademarks available and also it gives an idea of where your trademark stands. The time and cost you put into a trademark search must be proportional to your business’s size as well as scope. For example, an MNC that features the goods should be very illustrative and thorough.

Trademark Search is a vital part of trademark registration; however, a lot of companies miss the mark to carry these out regularly. Therefore, a person must note that a trademark search contributes in verifying that there are related trademarks available or not, and it offers a clear picture of where a trademark stands. Also, it provides alert if there is any opportunity of any future litigation or any conflict.

Any person do not want to waste their money later in any lifelong trademark litigation case when it could have been avoided in the first place by doing a proper trademark search as it informs that a trademark is in use or has been used previously. Scroll down to check more information regarding the search of a trademark.

Read our article:How Can You Apply For Online Trademark Registration in India?

How to go about Trademark Search?

Trademark searches include all the results from every corner for Trademark Protection Avenue and in scope for every mark, which is almost similar to the trademark search. Following are some agendas that will consider for the searching trademark strategy:

  • The nature of the mark.
  • Applicant’s allocation of resources.
  • The nature of goods and services that the mark covers.
  • Timeline for bringing the mark to the commercial domain.

Types of Trademark Search

Trademark searches are normally categorized as a “knock-out search” or “full search”.

 Trademark searches are normally categorized as a “knock-out search” or “full search”

Knock-out Search

It is referred to a search if the trademark is likely to fail in securing a trademark registration to be determined by the “National Trademark Register”.

Possibilities of Knock-Out Search

Knock-out search consists of both applied trademarks that are registered & those trademarks that are not registered. It also comprises applications for registered trademarks that have been annulled in the past. The trademark database will recognize close matches or any identical trademark that comprises the word mark in the question for search.

For example, it only comprises searches for the trademark itself and not the close variants on the marks. Such as if the anticipated trademark was a ‘PEN COMPANY,’ the applicant  is searching for the results for ‘Pen Company,’ but not a Pen store, however these trademarks can come into disparity with Pen company due to the similar significance of both names.

Diligence of Knock-Out Search

A Knock-out search provides the applicant the data regarding the subjected trademark that fails to encounter further searching necessities. It also specifies that a projected trademark is possible to be in conflict with the registered trademark. A Knock-out search is beneficial for trusting on that particular data rather than putting additional costs to track those trademark.

Though, a person has to keep in mind that a knock-out search does not provide comprehensive results for availability of Trademark. So the assumption is that a clear knock-out search cannot be trustedupon as aneffectiveanalyst at the requested stage nor does it assure that the trademark is not a risk. A Knock-out search is accomplished before introduction of the   trademark application. A person will select for a knock-out search on lists of probable trademarks to confine the search for a trademark to practice as a brand[1] name.

Full Search

Full Search is a search in the trademark system that covers all the characteristics and features of trademark protection. It results in classifying how close they are to any mark and search thecompanies that are using the same software. For each search, the outcomes shown are then collected into a search report enclosingall the essential data. This containsidentical Trademark and close differences to the subject mark that covers all related goods & services. A lawyer reviews the results for the reason that the search reports are very lengthy.

Possibilities of Full Search

Full Search is generally fragmented down into the country’s data based on a trademark system. In a few trademark systems that protects the Office of Organization in the core offices in numerous states all over the European Union. The search for trademark territory should be parallel to the countries where the applicant is registering the trademark.

There may be numerous ways for the safeguarding the trademark within each state platform that would be assimilated in the Trademark search. In our country, trademark rights comes from state registrations, national registrations, as well as common law use. Therefore, the full search results incorporate the State Register, National Register, and Possible Common law rights foundations. Those comprises the benefits of the trademark on the registered domain names and business names.

The reported results will incorporate the trademarks similar to the mark for every trademark protection system, which is the subject for Trademark search. The search will consists of marks carrying all distinct words from the trademark in case the marks are made up of numerous words.

The trademarks that are reimbursed in the search results will include trademarks of dissimilar Goods & Services and cover related Goods & Services. The Trademark lawyer reviews the results and will look for references that will comprise the trademarks that are similar or slightly similar Goods & Services.

Design Mark Search

It covers trademarks which include a non-verbal graphic or stylized font. These searches return results that show similar graphics for similar services or goods.

Conclusion

It is avitalpart of trademark registration. However lot of companies miss to search the marks to carry out these frequently or systematically. It refers to any action taken to make sure that any other business is not using the anticipated trademark. Trademark Search can be scanty in scope or can exclude the results from every opportunity for protection of Trademark for each mark is imprecisely similar to the mark that is subject for search of Trademark.

Read our article:Can Trademark Registration Impact Your Business? Let’s Figure it Out!

Sakshi Srivastava

Sakshi has pursued B.B.A.LL.B.(IPR Hons.). She is an avid reader and is keen to gather and share her knowledge on the subjects relating to IPR, Company Law and GST. Priorly she has worked as a legal researcher and vide her articles she aims at improving the core knowledge of the subjects to the masses.

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