A Trademark generally refers to a “brand” or “logo”, a unique symbol or phrases used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid. And the journey of getting a trademark begin with online trademark registration search in India.
Gradually trademarks have become synonymous with a company name and we don’t even need to see the name to remember about a specific business. We know it’s Apple when we see the apple shape with the bite taken out of or the swoosh logo clearly signifies that it is a Nike product or the four circles on a car define it is an Audi. Anyone looking to get a Online trademark registration search in India, can visit Online trademark registration search India Portal.
We cohort the symbols and words with companies and their brands easily, and this is one of the biggest advantages of their use. When a customer notices a familiar logo or phrase, they gain immediate recognition, which ultimately lead to the sale and purchase of those products. Online Trademark Registration search in India is the first step in the process of trademark registration in India.
HOW TO CONDUCT A TRADEMARK SEARCH IN INDIA? Explained by Online Trademark Search India Portal
An online trademark registration search in India is done through Trademark Office online database, Trademark office Gazette Publications, Online commercial database, Online free database the Indian trademark database link. The Indian trademark office offers two types of trademark searches- public search and official search (normal and expedited search).
What is Wordmark search? By Online Trademark Search India Portal
To perform a wordmark search, “wordmark” option is selected from the search type and the keywords of the proposed trademark are inserted in the box equivalent to “wordmark”.
In total of 45 classes of the trademark registration Classes 1 to 34 deal with different goods and Classes 35 to 45 deal with services. In India trademark database, one can operate a search using the single class at a time only. It can be searched using any kind of prefix like Start With, Contains or Match With.
- Start with – This provides results which start with the keyword entered. If we start with the full online trademark registration search in India the results will be more relevant. If no similar results are found, then break the word and try again.
E.g. ‘Reliance Trends’ in class 25 (clothing) doesn’t provide any results, but ‘Reliance’ in class 25 gives more than 200 results.
- Contains – This option yields results which start, contain or end the keyword anywhere. The results are much more compendious in this case than the ‘start with’ and ‘match with’ options. It is the slowest among st the three types.
E.g. while searching for the keyword ‘Reliance Trends’ in class 25 yields no results, hence assuming that there are no trademarks with this keyword either in the end or middle. However, the keyword ‘Reliance’ in class 25, provides more than 500 results. (the ‘start with’ search type showed 200 results only)
- Match With – This option serves results of exact match to the keyword entered. If we know the specific trademark and want to find the suitable result fast, it is useful.
E.g. For ‘Reliance Trends’ no results are found in class 25. And for ‘Reliance’ only 5 results were found.
Phonetic search Explained by Online Trademark Search India Portal
The phonetic search is almost similar as that of wordmark search method, excluding prefix method.
Vienna code search Discussed by Online Trademark Search India Portal
This is mainly performed to search for the identical device mark, and one need to have the six-digit Vienna code to select the relevant class. After the search, the result table will be shown with all the device marks. It is only applicable to marks with visual elements such as logos. Whenever a trademark registration search India application containing a visual design is filed in India, it is sent for Vienna codification to make it easy for searching later.
KNOW VARIOUS TECHNIQUES OF TRADEMARK SEARCH IN INDIA BY ONLINE TRADEMARK SEARCH INDIA PORTAL
Step 1 – Identify all keywords
Prepare a comprehensive list of all keywords similar to the trademark you wish to register. E.g- RelianceTrends, reliancetrends, RelianceTrendz etc.
Step 2 – Identify the relevant classes
The Indian trademark system is divided into 45 classes. In many instances, your goods / services may fall under more than one class. In such a scenario, it is a good idea to protect your business in each of the relevant classes. However, if you are strapped for funds and looking to protect in the core class, it is still recommended to perform a search in all the classes to ensure that the chances of future conflict are minimized.
e.g. clothing falls under class 25. However, other classes like class 24 for textiles, and class 35 for retailing services may also be relevant and you may want to cover those classes during the search.
Step 3 – Perform a Wordmark search
The first step in performing a wordmark search is to select ‘Wordmark’ under search type.
- Then select ‘Start with’ option under Wordmark
- Enter the keyword ‘RelianceTrends’
- Enter the class ‘25’
- Click the ‘Search’ button to start the search
- Repeat the above steps with the other keywords . If there are other relevant classes, perform the same steps in other classes as well.
- View search results, detailed information and generate reports.
Print reports for future reference (optional)
- Select ‘Contains’ option under wordmark and repeat earlier steps to view and generate report.
Step 4 – Perform a phonetic search
Select ‘Phonetic’ under search type. Enter the keyword and class to run the search. The results are a mixed bag with a lot of useless results but sometimes the search pulls some really useful results. Select the relevant results to generate reports as mentioned in earlier steps.
Step 5 – Consolidate all relevant search results
After completing the search for all the keywords in all relevant classes, cement up each of the shortlisted results in an easy interpreting manner.
Step 6 – Evaluate the results
Review and evaluate the similarity of the shortlisted search results to trademark registration search in India. The evaluation should be based on visual and phonetic (sound) similarity. Furthermore you can rate each similar mark on a scale like:
|Not very similar||5|
|No similarity / no relevant results found||5|
As a general rule, the higher the similarity value (e.g. 4,5) the higher the chances of getting a trademark registered; and the lower the similarity value (e.g. 1,2), the lower the chances of getting a trademark registered.
Step 7 – Search on other databases
In order to perform a through trademark clearance search, it is equally important to not only rely on the Trademark Registry’s database, as many of the trademarks in use may not have been filed for registration with the trademark office.
Hence, for a through clearance search, it is recommended to perform a trademark search on other databases (like Madrid applications designating India, MCA company database, Common law databases) before making a final decision protecting your trademark.
TRADEMARK REGISTRATION IN INDIA- A BRIEF By Online Trademark Search India Portal
Trademark registration process in India is required if a company/individual in India wants to have complete ownership of the mark and resolves to protect it from the misuse by the third party. Trademark registration search in India gives lawful right to take appropriate action against the third party against an infringement of the trademark. Trademark registration search in India gives the owner privileged right to use it for its products and/or services. If the trademark registration search in India process is completed thoroughly, then the owner can use the symbol that indicates that specific trademark is registered. The symbol indicates trademarks registration search in India application is filed.
Upon filing of the application, the registry will issue an official receipt with the filing date and number allotted to the application. The application is then precisely examined by the Indian Trade Marks Office, as to its innate registrability and/or any similarity with existing marks. If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or existing evidence of acquired particularity and in mostly an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.
If, following examination, the trademark registration search in India application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.
Trademark Registration search in India is a tedious process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, once the trademark application is filed, an application number is allotted immediately and the priority starts from the date of application.
Various Status Shown While Conducting A Trademark Search In India Explained By Online Trademark Search India Portal
The trademark application is entered into the trademark application database.
Send to Vienna codification
This step is applicable for non-text trademark registration search in India application that contains logo or artwork. When a trademark registration search in India application is filed, a Vienna Code is assigned to it if it consists of logo /figurative elements. The Vienna codification is done by the Registry. Once it is done, there is a huge part left in the registration process such as examination, formalities check etc.
Formalities Check Pass
When all the basic filing requirements are passed, then the status in the Indian Trade Mark Registry website shows as “Formalities Check Pass”. Whether the POA has been uploaded (if filed through an agent). In case these basic requirements are not fulfilled, the status could be reflected as “Formalities Check Fail”.
Send Back to EDP
EDP stands for Electronic Data Processing. Send Back to EDP means that some error is detected during data entry which needs to be rectified. This status does not require the applicant to take any steps.
Send to PRAS
Pre-registration amendment section reflects when you have filed an amendment prior to the registration of your trademark. The amendment may be to the proprietor name, address or the like.
Marked for Exam
When the trademark application is assigned to an examiner to issue examination report, the Indian Trade Mark Registry website shows as “Marked for Exam”.
The trademark application is scrutinized by the examiner to check whether the trademark can be published in the Trade Marks Journal, preceding the registration. The following checks are done:
- Whether the prescribed manner has been adhered to while filling the application.
2. Whether any similar/same/trademark in respect of similar/same service/goods is there on record.
3. Whether the trademark that has been applied for can be accepted for registration under the Trade Marks Act 1999.
4. Whether any, condition, limitation or restriction is required to be imposed.
The Examiner will then issue a consolidated ‘Examination Report’ which mentions the objections, if any; or accepts the application. After this procedure, it takes around 12 to 18 months for the examination report to be issued.
If the Examiner /Registrar hoisted objections on the nature or quality of goods in the Examination Report, the status of trademark registration search in India application will show as “Objected”. After the application is probed, objections may be raised by the Examiner/Registrar under the Trade Marks Act Sections 9 and 11.
To overcome this objection, it is essential to show that the trade mark is distinctive. This objection can also be dodged if the trade mark has developed a unique character because of massive use. Section 11 objections are made by the examiner/ Registrar when there is a similar/ identical trademark in respect of similar/identical services/goods already on record in the Trade Mark Registry. In such a case, the Examiner/ Registrar issues a computer generated Search Report which comprises the list of conflicting marks.
Exam Report Issued
The trademark status will shows as “Exam Report Issued” if the trademark registration search in India application is accepted for publication and is due for publication in the Trade Marks Journal. This status is used to indicate that the trade mark has been accepted in the initial examination report, or after the objections have been overcome by the applicant by way of a written submission or a hearing.
Accepted means that the examiner has not erected any objections and that trademark will be published in the trademark journal, prior to registration.
Advertised Before Accepted
This means that trademark has been published in the trademark journal. ‘Before Accepted’ means that mark is published for allowing any third party to oppose the mark before acceptance of the mark.
Accepted and Advertised
This means that the trademark has been advertised in the trademark registration search in India journal. There are absolutely no changes that one needs to make to the application.
Ready for Show Cause Hearing
It means that the examiner is not satisfied with the response to the examination, and the person will be given a chance to explain why the mark should not be rejected. He/she needs to attend the hearing on a fixed hearing date, otherwise, the mark can be refused or abandoned.
If the Examiner/Registrar refuses a trademark application after hearing or considering the applicant’s response to an examination report, then the trade mark status in the Indian Trade Mark Registry website shows as “Refused”.
The trademark status could also show as “Refused” in case a third party has successfully opposed against the registration of the trade mark. If the trademark application shows as “Refused”, then an appeal can be filed under Section 91 of the Trade Marks Act with the Intellectual Property Appellate Board (IPAB) within 3 months.
In case after the advertisement of the trade mark, a third party files an opposition to the registration of the trade mark within the 4 months from the date of advertisement then the trade mark status in the Indian Trade Mark Registry website will show as “Opposed”.
A third party usually files an opposition when there is a similar trademark published in the Journal or if the trade mark is alleged to be non-distinctive.
The trademark registration search in India status changes from “Advertised” to “Opposed” after a notice of opposition is filed by a third party. This notice is served on the applicant which states the grounds on which the opposition is based. It is necessary to file a counter statement by the applicant within 2 months from the date of receipt of the notice of opposition. The trademark registration search in India application is “Abandoned” if no counter statement is received by the Registry within the given period.
The trademark status will show as “Withdrawn” if the applicant files a request to secede the application willingly. In a few cases, the applicant may extract the application when the Hearing Officer fails to accept the trademark.
The trademark has been removed from the trademark registry. The mark is no longer trademarked.
When the trade mark status shows “Registered” it means the registration certificate has been issued by the Registrar. After this process the applicant becomes the registered owner and gets entitled to use the ® symbol next to its trademark. Under the present Act, a registration is valid for 10 years from the date of application and should be renewed every 10 years before its expiry.
Know About Different Types Of Trademark Registration In India Explained by Online Trademark Search India Portal
Word Marks are the most common types of trademarks registration search in India. If the name of your product or service is text- based (contains text only) it will be registered under Word Marks.
For Example – The word Nestle® is a registered as a Word-Mark.
Service Marks represent the service which a company or business deals in. They differentiate different services available in the market.
For example – FedEx is a registered courier delivery service provider.
Logos and Symbols
A logo is a printed/painted figure/design/character and do not consist of any letters/words/numerals. For word marks that are also used as a logo, the trademark registration search in India needs to be registered both as a word mark and a device marks.
For example – Apple has a registered logo which is used on each of their products.
Shape of Goods
The shape of goods are classified in Trade Dress (appearance of a product).
For example – The bottle of Coca-Cola is distinguished from other brands on the basis of its bottle’s shape.
These have a common syllable, prefix or suffix, thus denoting as a family of marks sharing a ‘common name.’ They should differ only as to matters of non-distinctive characters(goods, price, quality or size). Trademark registration Search such as series mark can be easily be done by Trademark registration search in India Portal.
For example – McDonald’s have a series of ‘Mc’ registered as word mark which represents their different product range such as Mc Chicken, Mc Veggie etc.
These are associated with a group of people. These trademarks registration search in India are primarily owned by an organization, institutes or any association. They can be used by members of the organization to represent them as one the part.
They are “Badges of origin” which depicts the definite source of the individual, his/her products and services.
For Example – A chartered accountant can use the “CA” device as he is a registered member of the Institute of Chartered Accountants.
The trademark registration search in India certification mark is created to show a specific quality standard that the company has met. This means that the public will be aware that the trader’s goods or services are certified as it has met a particular standard, as defined by the certifying body that owns the certification mark.
For Example – FSSAI – Certification for the quality of packaged food products.
A geographical indication is used on products to show the unique nature, reputation and quality the products based on the place of origin.
The Geographical Indicators are awarded by the GI Registry and is issued to natural, agricultural, manufactured and handicraft products that come from a specific geographical origin.
For Example- Darjeeling Tea, Assam Tea, Coorg Coffee.
Three-dimensional symbols can be registered as trademark based on its distinctiveness and capability to identify the origin of goods and services. The three-dimensional trademarks (3D trademarks) are usually presented as the physical appearance of the product.
For Example- Xbox 360
Sometimes, the sound that plays in the advertisement becomes so well known that when people hear it they instantly know what product/service it refers to. Here the sound is regarded as a trademark registration search in India and registered.
For example- the MGM’s roar of a lion, 20th century fox’s sound.
IMPORTANCE OF A PROPER TRADEMARK SEARCH BEFORE TM REGISTRATION Discussed By Online Trademark Search India Portal
- One can avoid negligently contravening on another mark.
Ignorance of the fact that a mark exists, is not defense to a trademark infringement case, and if the other party can prove that your negligence caused a loss of business for them, you may be asked to pay compensation.
- You protect yourself from losing money, resources, and time.
Even if a trademark registration search in India, if another party can prove that you are entrenching on them, you may be ordered to not using the mark. If you’re selling a product, which can turn into a big financial loss. If you offer a service, you lose profitable branding and marketing endeavors. Thus proved if you don’t go through a search to assure that your name and marks are yours only, your business can be dragged back to scratch again.
- You give yourself a better chance of successful registration.
A search conducted by a USPTO examining attorney is one of the major components of the application process, and if they find a duplicate or confusingly similar trademark, you’ll have to pay an entirely new filing fee and create a new application to begin the whole process all over again.
- You want to know the bases on which USPTO will reject your trademark.
If your trademark is very similar to an earlier registered trademark, the United States Patent & Trademark Office (USPTO) can reject your trademark. By doing a trademark search, you will learn about the outcome.
- You want to know if someone can cancel or oppose your trademark.
Regardless USPTO has allowed your trademark, other owners may have problem with your application if they assume that the mark you are going to register is close to their trademarks. A cancellation process can be expensive, so it’s important to know if such chances are there through a thorough search.
Benefits And Advantages Of Conducting A Trademark Search Prior To Trademark Registration By Online Trademark Search India Portal
- TM search caters information and details of any existing identical brand name/ trademark similar to one’s trademark, who is searching.
- It provides information of brand name/ trademark which can be phonetically analogous to one’s brand name/trademark.
- Trademark registration search in India provides information of any well-known marks which are similar to one’s brand name/ trademark.
- It gives a list of prohibited marks (marks which are prohibited from registration by a private individual) so that one can clarify whether his/her brand name/ trademark falls under the list of such prohibited marks.
- If someone’s brand name has a logo or device, TM search give information and details of similar brand name/ trademark under the Vienna Code Classification (International Classification of figurative elements) similar to his/her brand name/ trademark registration search in India.
IMPORTANCE OF TRADEMARK REGISTRATION IN INDIA EXPLAINED BY ONLINE TRADEMARK SEARCH INDIA PORTAL
The owner of Registered Trademark enjoys exclusive right over trademark. The owner can use the same for all the products. Further, the owner can enjoy the sole proprietorship of the Trademark and can stop other from the unauthorized use of that. It gives the right to sue the unauthorized user.
The standard quality of product and services are known by everyone through the Trademark registration search in India, which endows trust and goodwill among the customers in market. It helps in creating permanent loyal customers.
It makes easy for customers to find the products. It helps in making identity of products different from that of the existing and competitors and acts as productive commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organization.
It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
Registration of Trademark creates an intangible asset i.e. Intellectual Property. Trademark registration search in India is a right created which can be sold, assigned, franchised or commercially contracted.
No competitor or other person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.
Online Trademark registration search in India is done at a low cost. One just has to pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost effective.
If one wants to register the trademark in countries other than India, the trademark registration search in India can be used as basis of registration there. ‘
New generation dreams to join big Brands. Trademark registration search in India inspires the positive image of the organization and thus contenders are attracted towards them easily. This reduces the cost towards hiring and related activities.
BENEFITS OF ONLINE TRADEMARK APPLICATION IN INDIA DISCUSSED BY ONLINE TRADEMARK SEARCH INDIA PORTAL
- It costs very less amount of money to apply and completing the registration.
- It is not required to visit any government department or office.
- Application status is easily tracked.
- Re submission or changes can be easily done online.
- Reply can be given easily on the Trademark Objection.
- Trademark Certificate can be downloaded online.
- Trademark Search Report is easily prepared.
DOCUMENTS REQUIRED FOR TRADEMARK FILLING IN INDIA BY ONLINE TRADEMARK SEARCH INDIA PORTAL
Individuals & Sole Proprietorship
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
- Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form–48 is an authorization from the claimant to a Trademark Attorney to file the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
Partnership / LLP / Company – Small Enterprise or Startup
Partnership / LLP / Company
In this case, the entrepreneur would have to submit the following:
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of registrar.
- Address Proof of registrar.
All other applicants along with companies that do not have Udyog Aadhar registration will have to submit the following documents to obtain trademark registration in India.
- The name, address and nationality of the Applicant. When the claimant is a company and a partnership, the country or state of incorporation with the complete address and then the name of all the partners are to be submitted respectively.
- A list of goods and/or services for which registration is required.
- Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise.
- Soft copy of the trademark to be registered.
- If the application is filed pleading precedence from a formerly filed application in another country, details of that application are required during filing the application in India (application number, filing date, country and goods/services).
- Power of Attorney: An assigned document simply signed by the authorized signatory with the name and designation clearly mentioned.
FAQ’s ABOUT TRADEMARK PUBLIC SEARCH IN INDIA AND TRADEMARK REGISTRATION SEARCH IN INDIA
ROLE OF COMPANY VAKIL REGARDING TRADEMARK REGISTRATION
Company Vakil is the easiest solution to this issue and getting the trademark certificate with free trademark filling consultations and nominal professional fees. This platform regularly notifies its customers about the online status of the registration process and it is managed by experts at every stage with imparting highest importance to customers’ satisfaction and they have tools like Free trade mark and company check available on their website to run this process smoothly. They have a team of lawyers, chartered accounts and company secretaries to help everyone till service is effectuated. If the service is not provided they refund the money too.