Trademark search as the name suggest searching Trademark which have already been registered. I know you maybe pondering why you search registered trademark, well answer is very simple; whenever you are going to register your trademark you should at least check whether your trademark, logo, etc is unique or it resembles existing mark of another person.
Now, you have got the idea why you should search your Trademark before getting it registered. We at Registrationwala, provide this service so that our client will not face any objection from examiner after filing the application for registration.
Trademark search is a proactive approach and it is advisable to extensively search mark because if there is already a mark registered which is similar to your potential mark, then unnecessarily you may face trouble.
Trademark search can be done online as well as offline. Trademark search also gives answer to the basics question like whether your trademark is distinctive and which trademark relates to which company. Trademark search also unearth facts like whether Trademark is visually, phonetically, or conceptually same as or similar to, the mark/logo to be adopted.
It is only that you are required to search only registered trademark but it equally important to enquire about unregistered trademark because even if you use unregistered trademark still you may be sued by the user of that unregistered trademark.
Distinctive sign, logo, or word which is well known in commercial practice may block your registration of Trademark if your mark is similar to that unregistered mark.
Passing off law protect the owner of unregistered Trademark. For example, part X trademark is inappropriately used by party Y in such a manner that party Y represents being owner of trademark which has similarities with party A’s mark and thereby damaging the goodwill of Party A. This is known as passing off.
Therefore, as per this doctrine, registration of Trademark is not perquisite requirement to initiate civil or legal action against violation of law.
What factors should you consider while conducting Trademark Search?
- The nature of Trademark.
- Meaning of Trademark in local language.
- Class of Trademark in which it falls.