Any individual or company desiring to sell their products and services in the international market are required to get their trademark registered in the international market also. The application and registration process of international trademark is regulated under the Madrid protocol and by the World Intellectual Property Organization (WIPO) of Geneva. Just like the domestic trademark it is important conduct the free international trademark search in India in order to get your trademark registered on international level. Once you have conducted the international trademark search and found no matches you can file the trademark application.
What is International Trademark Search?
International trademark search is the facility provided by the WIPO for enabling the applicants to conduct the comprehensive search and find the existing trademark applications, statuses, and decisions within the international database.
Benefits of International Trademark Search
- The main benefits of the public trademark search is that it helps in identifying the existing similar marks in the abroad that in turn help the applicant to determining that they cannot use their mark on international level.
- Conducting the search enables the applicant in making the procedure of trademark registration seamless as the chances of objections are reduced significantly.
- It also helps the companies in identifying the possible infringement of its mark and claiming the damages in case of infringement.
It is important for every company and individual to conduct the check the trademark before they go for registering it in order to avoid infringement claims in the country.
Process of conducting International Trademark Search in India
There are different methods of conducting the trademarks search in India. The complete database of the international trademarks is present on the WIPO website and its control panel includes the companies that signed up for the Madrid System. There are mainly three types of searches the Word search, Logo search and the Device mark search.
- You can conduct the word search and looks for the phonetic similarities in the 1-35 classes.
- Logo search is carried out using the Nice Classification database established based on the Nice Agreement.
- Device mark search is completed using the International Classification of Figurative Elements of Mark database.
One important thing to be noted about the international trademark search and international trademark registration in India is that before applying for trademark on international basis make sure to get it registered in at least one country.