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How Do I Check A Registered Trademark

Trademark is a word, pattern, or symbol which differentiates a production from other products of a similar kind. It is considered to be a part of intellectual property rights.

Every bit per Department two (zb) of The Trademarks Act 1999, trademark refers to a mark that is capable of beingness represented graphically; which is capable of distinguishing the appurtenances or services of 1 person from those of others and may include the shape of bolt, their packaging and combination of colours.

Importance of a Trademark Search

  • Information technology is always better to be safety than distressing. Trademark search would avoid the infringement of applicative law(s).
  • Availability is an of import criterion while deciding on a trademark that will avoid whatever duplication.
  • It is vital for the trademark to not only be unique merely also have a proper trademark nomenclature.
  • Every potential conflict can be avoided past conducting a meticulous search.

Classes of a Trademark

According to the Prissy nomenclature of trademarks, which is an international classification of goods and services, there are 45 classes which are divided as 1 to 35 for goods and 36 to 45 for services. Before a trademark search is done, a form search would be necessary in guild to determine which class the product belongs to.

Steps to Check for a Trademark

  • Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in.
  • Click on the trademarks tab and then click on public search.
  • There are three search criteria available – Wordmark, Vienna code, and Phonetic.
  • On choice of each criterion, the keyword fields change as listed below:
Search Criteria Keyword Fields
Wordmark Wordmark, class, goods clarification
Vienna Code Vienna code, class
Phonetic Phonetic, course, goods description
  • Once all of the details take been entered, you will need to click the search push button.
  • The result console volition show the list of trademarks either registered/objected/abandoned which will serve as the basis to decide on the trademark.

Important Tools You lot Need to exist Enlightened of

The following tools are available on: https://ipindiaonline.gov.in

Form details:

This is a search facility provided to find out which class a particular product belongs to, based on the kind of product. The search is bachelor in various languages.

Well-known marks:

It is a list of all the well-known marks as determined by several regime

Prohibited marks:

It provides a listing of all the marks that cannot be used in a trademark. Using any of these would pb to the rejection of the application of a trademark. Case: Mahatma Gandhi, ISO, national, etc.

Vienna code classification:

It gives the details of the international classification of the figurative elements of marks that are required for checking a trademark on the Vienna code search criteria.

It is imperative to exercise a trademark search before the registration of the aforementioned. If all the boxes are ticked beforehand, the registration procedure will exist shine and piece of cake.

Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or utilize the site or the materials. The data presented on this site does not plant legal or professional person advice and should not be relied upon for such purposes or used as a substitute for legal advice from an chaser licensed in your land.

Related Articles:

Trademark Registration Procedure

Trademark Goods & Services Class Codes Search

How To Bank check Trademark Condition

Trademark Infringement In India – What is it, Types, Penalties for Infringement

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