How to perform Trademark Search in India

1. How to perform Trademark Search in India? In today’s competitive world of business, we come across numerous brands with varieties of names, so it is necessary to check on trademarks to avoid confusion, conflicts, and similarities with competitive brands or a company. In this article, we look at the process for doing a Trademark Search in India. What is a Trademark? A trademark is a symbol, design, word, or phrase that is legally registered and portrays any unique product or company, differentiating it from others. It plays a helpful role in protecting the brand’s identity and prevents forbidden use by opponents. Under section 2 (b) of the Trademarks Act 1999, trademarks embrace the marks that can be geographically represented and serve to contrast the goods and services of one entity with those of others. Why trademark search is important? Trademark search ensures you have a unique desired trademark that does not already exist or is similar. •Trademark search is a wise measure to avoid legal infringement. •It preserves assets by ensuring the chosen trademark is available for use and registration, protecting against possible monetary loss. •Can consider it as an important criterion to avoid any kind of replication. •Trademarks search possibly prevent conflicts like prevention is better than cure.

2. •It assists in making cognizant decisions about your trademark registration strategy, protecting your brand’s uniqueness. What are the classifications of trademark search in India? A trademark is classified into two types, they are; • For Goods & Products • For Services There are 45 trademark classes and they are divided as: • 1-34 for Goods & Products and • 35-45 for Services. To determine the belongness of the product it is necessary to do a class search before the trademark search. Let’s look into the list of Trademark classes; Trademark Class (01-34) Goods and Products Class 1 Chemicals for industry, Photography, and Science Class 2 Varnishes, Lacquers, Paints Class 3 Cosmetics, Cleaning preparations, Perfumes Class 4 Industrial oils, Lubricants, Greases Class 5 Pharmaceuticals, Medical products, Veterinary preparations Class 6 Common metals, Alloys Class 7 Machines, Machine tools Class 8 Hand tools, Implements

3. Trademark Class (01-34) Goods and Products Class 9 Scientific, Nautical, Surveying apparatus Class 10 Surgical, Medical, Dental apparatus Class 11 Apparatus for lighting, Heating, and Steam generating Class 12 Vehicles and equipment for land, air, and water travel Class 13 Firearms, Ammunition, Explosives Class 14 Precious metals, Jewellery, Timepieces Class 15 Musical Instruments Class 16 Paper, Cardboard, Printed matter Class 17 Rubber, Gum, Asbestos, Mica, goods made from these materials Class 18 Leather, Animal skins, Trunks, Luggage Class 19 Building materials, Non-metallic rigid pipes Class 20 Furniture, Mirrors, Picture frames Class 21 Household or Kitchen utensils, Containers Class 22 Ropes, Strings, Nets, Tents, Awnings

4. Trademark Class (01-34) Goods and Products Class 23 Yarns, Threads, Textiles Class 24 Fabrics, Bed, and Table covers Class 25 Clothing, Footwear, Headgear Class 26 Lace, Ribbons, Embroidery, Buttons Class 27 Carpeting, Rugs, Mats, Linoleum, and Wall/Floor coverings Class 28 Games, Toys, Sports Equipment Class 29 Meat, Fish, Poultry, Preserved, Dried, Cooked fruits, and Vegetables Beverages, Sweeteners, and staple foods like rice and flour, plus cereal- based goodies Class 30 Class 31 Agricultural, Horticultural, Forestry products Class 32 Beers, Mineral and Aerated waters, Non-alcoholic Beverages Class 33 Alcoholic Beverages Class 34 Tobacco, Smokers articles And next comes the classification based on Services from 35-45.

5. Trademark Class (35-45) Services Class 35 Advertising, Business management, and Office functions Class 36 Insurance, Financial affairs, Monetary affairs Class 37 Building constructions, Repair, Installation services Class 38 Telecommunications Class 39 Transport, Packaging, Storage, and Travel arrangement services Class 40 Treatment of materials like custom manufacturing Class 41 Education, Entertainment, Sporting, and Cultural activities Class 42 Scientific and Technological services, Research, Design Class 43 Temporary accommodation and catering services Class 44 Medical, Veterinary, Beauty, and Agricultural services Class 45 Legal, Security, Personal, and Social Services Some crucial terms before filing Trademark Application It is crucial to know in detail about Trademarks before you make further decisions about your brand’s name, logo, or designs. •Class details: •This helps you in determining which class your particular product belongs to out of 45 classes based on the kind of product or maybe services. •Well-known marks:

6. •These marks are authorized ones, they might be recognized by the specific classes. It is crucial to consider these marks to avoid infringement and conflict. •Prohibited marks: •This helps in knowing about the prohibited names that have already been taken by brands. Using these prohibited names might lead to the rejection of a trademark application. •Vienna code classification: •This code classification is supervised by the World Intellectual Property Organization (WIPO), facilitates the organization of trademarks according to their visual characteristics, and enhances the search and registration. What are the criteria for trademark search in India? •Word mark Search: •This type of search directs on the exact spelling and wording of a trademark without considering any logos, design elements, or style features. •The objective of this is to identify if any registered trademarks closely match the words you intend to use for your trademark. You can conduct a wordmark search using prefixes like ‘Starts With’, ‘Match With’, and ‘Contains’. •Vienna Code: •This is usually used to categorize artistic elements in a trademark. Vienna classification system was established by the World Intellectual Property Organization (WIPO) in 1973. •Phonetic Search: •This search involves words or phrases that sound like your desired term. Phonetic methods and techniques are utilized to identify and fetch terms that sound the same during the trademark search, thus improving the meticulousness of the search results. Phonetic search is somewhat like wordmark search. Finally, we are in the process of a trademark search.

7. What is the process of Trademark Search in India? To conduct a trademark search in India, visit the official website and select the appropriate search criteria and perform a search, then analyse the trademark. After that file a trademark application and access the trademark database, enter search criteria to get a result. It is better to consult with a trademark attorney to escape any consequences Conclusion In conclusion, a trademark is considered intellectual property. To protect them it is crucial to run trademark search in India. Use the official trademark database relevant to your country, search for appropriate keywords, and refine your search with a filter. Consider consulting with a trademark attorney for comprehensive assistance and guidance.