In India, Trademark rights square measure statutorily protected by the Trademark Act, 1999, that deals with the protection, registration, and interference of outlaw use of logos. what is more, it deals with the rights of the owner of the trademark, penalties for infringement, remedies for broken likewise as modes of transference of the trademark.
A trademark performs four functions:
- Identifies the good(s)/or service(s) and its origin.
- Guarantees the standard of good(s)/service(s).
- Advertises the goods/service(s).
- Creates a picture for the goods/service(s) within the minds of the general public.
Importance of Trademark Search
In most cases, trademark search may be a crucial beginning in trademark registration or complete launch strategy. It permits firms to avoid adopting brands that infringe the trademark rights of third parties.
Trademark Public Search in India
A trademark public search is conducted within the Indian Trademark written record information. The search ascertains whether or not a recommended trademark is offered or not in reference to connected product or services. Notably, logos that are filed with any of the Indian trademark registries square measure out there throughout the general public search of logos.
How to Conduct Trademark Search in India?
In India, a web trademark search is performed freed from value victimisation the Indian trademark information.
Three forms of trademark search is performed within the Indian trademark database:
- Word Mark Search – to conduct actual and close to actual word search.
- Phonetic Search – to conduct rummage around for phonetically or similar sounding words, and
- Vienna Code Search – to conduct rummage around for similar creative styles.
Word Mark Search
For playacting word mark search you would like to enter the keyword of mark name that you wish to go looking on the information. Basically, there square measure 01-45 categories of trademark, during which 01-35 square measure product and 36-45 square measure services. Therefore, you need to enter the category associated with the mark that you’re going to register in Asian country. If there square measure over one category of your product & services, then you’ll be able to enter only 1 category at a time. you’ll be able to perform the search by choosing “Starts With“, “Contains” or “Match With” from the computer menu.
When you square measure playacting a phonetic search, you’ll be able to fetch all the similar sounding words which might be associated with your mark name. Notably, conducting a phonetic trademark search eliminates the probability of confusion by guaranteeing that the mark is distinct and totally different from different marks out there within the market. This successively helps customers get solely the complete they’re seeking. This search is performed within the same means because the word mark search.
Vienna Code Search
Vienna code search is primarily performed to search out the similar device trademark. You enter the six-digit Vienna code resembling the “Vienna code” and choose the relevant category. once the search is complete, the result table shows all the marks containing the device.
The same steps square measure general procedures for trademark search in Asian country. However, it’s suggested to hunt skilled help to grasp the chance of trademark registrability of your name or brand. Sagacious IP’s Trademark Search and watching Service offers insights to purchasers before they file for logos. what is more, product-driven firms across the spectrum currently rely on trademark search before launch of their product or services in new markets.