How Do I Find Out If A Brand Name Is Registered

Trademark is a give-and-take, design, or symbol which differentiates a product from other products of a similar kind. Information technology is considered to be a function of intellectual belongings rights.

As per Section 2 (zb) of The Trademarks Human activity 1999, trademark refers to a mark that is capable of being represented graphically; which is capable of distinguishing the goods or services of i person from those of others and may include the shape of bolt, their packaging and combination of colours.

Importance of a Trademark Search

It is always better to exist prophylactic than sorry. Trademark search would avert the infringement of applicable police force(due south).
Availability is an of import criterion while deciding on a trademark that will avoid any duplication.
It is vital for the trademark to non simply be unique but also have a proper trademark classification.
Every potential conflict tin be avoided by conducting a meticulous search.

Classes of a Trademark

According to the NICE classification of trademarks, which is an international classification of appurtenances and services, there are 45 classes which are divided equally 1 to 35 for goods and 36 to 45 for services. Before a trademark search is washed, a class search would exist necessary in social club to determine which grade the product belongs to.

Steps to Cheque 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 3 search criteria bachelor – Wordmark, Vienna code, and Phonetic.
On choice of each criterion, the keyword fields change as listed beneath:

Search Criteria	Keyword Fields
Wordmark	Wordmark, class, goods description
Vienna Code	Vienna lawmaking, class
Phonetic	Phonetic, class, goods description

In one case all of the details have been entered, you lot will demand to click the search button.
The result console will show the list of trademarks either registered/objected/abandoned which will serve as the basis to decide on the trademark.

Of import Tools You lot Need to exist Aware of

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

Class details:

This is a search facility provided to find out which course a particular production belongs to, based on the kind of product. The search is available in diverse languages.

Well-known marks:

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

Prohibited marks:

It provides a list of all the marks that cannot be used in a trademark. Using whatever of these would lead to the rejection of the application of a trademark. Example: Mahatma Gandhi, ISO, national, etc.

Vienna lawmaking 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 do a trademark search before the registration of the aforementioned. If all the boxes are ticked beforehand, the registration process will be smooth and like shooting fish in a barrel.

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

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