Trademarks are important to protect the identity of your brand, product, or service. Before filing a trademark in India, it is important to check its availability so that it does not conflict with other trademarks. Here's a step-by-step guide on how to check the availability of a trademark in India:

What is a Trademark?

A trademark is a unique symbol, word, phrase, logo, or any combination of these that can be used to identify and differentiate a business or product from the competitors. Trademarks in India The use of trademarks is regulated by the Trademark Act, 1999. This law grants protection to registered as well as unregistered marks.

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Importance of Checking Trademark Availability

Checking trademark availability is important, not only for avoiding legal confrontations but also to save the time and money spent when creating a unique and legally sound trademark.

• Avoid Legal Problems: Avoid unintentional trademark infringement of already existing trademarks.

• Save Time and Money: Avoid making an application for already registered trademarks and conflicting trademarks.

• Strengthen Brand Identity: Make sure your trademark is distinctive and representative of your brand's identity.

Steps to Check Trademark Availability in India

Checking trademark availability in India is a crucial first step in securing your brand's identity. Follow these simple steps to ensure your desired trademark is unique, legally safe, and ready for registration.

1. Official Trademark Search Database

The Government of India offers a free online trademark search facility through the Intellectual Property India website. The database is open to all.

2. Choose Type of Search

You can conduct three types of searches:

• Wordmark Search: to check the availability of a word or phrase.

• Phonetic Search: to find trademarks with similar sounds.

• Vienna Code Search: to search for trademarks that have graphical elements or logos.

3. Conduct the Search

• Step 1: Access the Trademark Public Search page.

• Step 2: Select the appropriate search type (such as Wordmark).

• Step 3: Input the trademark name or keyword to search for.

• Step 4: Choose the correct Class of goods or services. Trademarks are divided into 45 classes using the Nice Classification. For example, Class 25 applies to apparel and Class 41, for example, education or entertainment.

• Step 5: Click the Search button

4. Evaluate the Output

The output will show:

• Trademark applications with similar marks or names.

• Status details (Registered, Objected, or Abandoned).

• Applicant data and dates filed.

5. Check for Conflicts

Look for identical or deceptively similar trademarks within the same class. Ensure your mark does not create confusion in the market.

6. Consult a Trademark Expert

If you’re unsure about the availability or potential conflicts, consult a trademark attorney or expert. They can provide legal advice, conduct a detailed analysis, and assist in applying.

Additional Tips for Trademark Availability

In addition to the basic search conducted in trademark, these above tips will help your trademark to be unique and avoid some possible legal conflicts that can end up harming your trademark later.

• Search outside of the database: Look up via an internet search for unregistered trademarks and common law marks in use.

• Multiple Classes: If your business falls into several categories, search for the trademark availability across classes.

• Availability of the Domain Name: Ensure the trademark is free and falls within available domain names for building online brand identity.

Next Steps After Trademark Availability Check

If the trademark is available, one should apply for its registration through the Trademark Registry Office or the online filing portal. After submitting, the application goes through examination, and once passed, your trademark will be published in the Trademark Journal to present objections before final registration.

Considerations in Conducting a Trademark Search Availability

While conducting a trademark availability search, several factors must be considered to ensure that your desired trademark is legally available and does not infringe on any existing trademarks. Here are the key considerations:

1. Trademark Class

Relevance of Class: Trademarks are categorized under various classes based on the goods or services they represent (e.g., Class 25 for clothing, Class 41 for entertainment). It's essential to search within the relevant class for your business, as trademarks are protected within their specific categories.

2. Exact vs. Similar Marks

• Identical Marks: Directly matching trademarks will clearly prevent you from registering a similar name or logo.

• Phonetic and Visual Similarity: Even if the trademark is not identical, a mark that sounds or looks similar could create confusion in the market. Check for phonetic or graphical similarities.

3. Common Law Trademarks

Unregistered Trademarks: Trademarks that are in use and not registered officially still have rights under common law. Do not limit the search only to registered trademarks; also be aware of the unregistered marks which are in use in commerce.

4. Search Beyond Government Databases

Comprehensive Search: The government trademark databases are the primary source, but searching business directories, social media platforms, and online marketplaces for common-law or unregistered trademarks would be wise too.

5. International Factors

Global Use: if you will use the mark internationally, then you want to consider doing a global trademark search through systems like the World Intellectual Property Organization, or regional trademark offices as appropriate.

6. Avoid Descriptive Words

Distinctiveness: Trademarks that are purely descriptive or generic (e.g., "Best Pizza" for a pizza shop) are quite hard to register. Try to make sure your trademark is distinctive.

7. Seek Professional Help

Seeking Legal Counsel: It is always advisable to go see a trademark attorney after searching to better interpret the results and be sure that your trademark does not infringe on any rights, especially complicated or conflicting cases.

Also, Get to Know Best IPR Law Firms In India

8. Monitor the Results Periodically

Ongoing Protection: The trademark registration process is dynamic. Even when you find an available mark, monitor the database periodically for new conflicting applications that might arise after your registration.

Summary

Checking trademark availability is one of the ways to secure your brand identity and avoid potential disputes. This allows you to proceed confidently towards trademark registration in India as well as safeguard your intellectual property through the process described above. For a smooth process, take professional help in navigating trademark law complexities.

FAQs on How to Check Trademark Availability

Q1. What is a trademark search?

Trademark search would help to find out if your wanted trademark is registered or identical/similar to another trademark.

Q2. How to check whether a trademark is available in India?

You can search for trademark availability by using the official online trademark search tool on the Intellectual Property India website.

Q3. Is trademark availability search free in India?

Yes, the free search tool is provided by the Indian government.

Q4. How does trademark search work in India?

You will have to go to the official Intellectual Property India website, choose the search type, and fill up the details of your trademark.

Q5. What classes should I check during the trademark search?

You should check the appropriate class based on your goods or services. India uses the Nice Classification system with 45 classes.