Trademark Search Services

Trademark Search Overview

We at EXCELON IP offer Trademark Search Services with a devoted team for Trademark Search & Registration Services. There are certain preconditions which need to be fulfilled before approaching trademark registration. It is important that your trade name or mark must comply with the prerequisites prescribed under the act.

What is a Trademark?

A trademark is a widely recognized name of a brand which helps in identification of the goods and services sold or traded by a particular business entity. A trademark helps in differentiating between the goods and services of one business entity from another. A brand may include a device, a label, a heading, some kind of signature or logo or shape, packaging or a unique set of design of colours. Trademark Act of 1999 allows business entities to register their service marks too.

In this age of consumerism, people identify the quality of product viz. goods and services from its trademark which also assists in differentiating between the commercial activities of another business entity. So, it is also very important to remember that your mark shouldn't match with an already existing mark in the same category. Also, a trademark different from an already existing goods or services mark mustn't be deceptively similar to a registered mark.

To avoid your trademark from being rejected on application, it is very significant to be choosy while selecting a trademark. An appropriate trademark shall comply with few of the necessary conditions like:

• It should be capable of differentiating between goods & services.
• If the mark to be registered is a word then, it must be easily remembered & pronounced.
• The mark must not be descriptive.

What is Trademark Search? Why is it Really Important?

A database of registered trademarks is created by the registry of trademarks of the government of India. This database includes entries of all the registered trademarks, trademarks for which the fresh application is being filed, also opposed, objected and abandoned trademarks. Trademarks from all levels are listed in this register.

It is equally important to know about similar marks in the industry. So, a trademark search is the preliminary step before choosing a trade name for the business. If an organisation has already applied for a trademark in the respective class of category viz. their trademark has affected the process of registration so it can use the letters "™". Once the trademark application is cleared and the trademark is registered, it can be used with an encircled "®". This is a fair indication that the mark is registered with the trademark registry of India and infringing on such mark may lead to legal proceedings.

Types of Trademark Search & Trademark Classes

The trademark search by trademark registry of India can be split into three types viz. Word mark, Vienna Code & Phonetic Search. The category in which you prefer to register your mark is required to be specified at the time of trademark search as well as while filing a fresh trademark application.

• Word Mark Search: The wordmark search report helps in identification of similar registered marks.
• Phonetic Search: Consists of marks which may have different spelling but the pronunciation of such words is similar and identical.
• Vienna Code Search: A device mark may be searched using the Vienna codes.
• 45 Classes: There are 45 classes (in total) for registration of a mark, wherein 1-34 classes are the categories of different kinds of goods and classes 35-45 deal with different kinds of services.

Trademark Knock-out Search

A primary trademark search also called knock-out-search is an informal search conducted before the registration of the trademark. It is conducted to find out about the probabilities of possible conflicts with identical or near-identical marks. Basically, this type of search helps in determination of three things viz.:

• Any marks which are identical to the proposed mark.
• Any deceptively similar marks to the proposed mark.
• The marks which possess phonetic similarity in comparison to the proposed mark.

Therefore a preliminary search helps in knowing about the strength of the mark. The weaker marks are adjusted and altered whereas the stronger marks can be retained by the business entities. To perform a detailed trademark search in India, it is recommended to seek the help of an expert in the field. An exhaustive and comprehensive search report can only be generated by an experienced trademark attorney, which will help you bring down the risk of rejection of such a mark too. The legal repercussions will be well dealt with by an attorney rather than an individual.

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