Every trademark is unique to a particular business house or legal entity hence before one applies for Trademark registration it is advisable to do a thorough search of all the existing Trademarks. A prior search reduces the chances of coming up with a Trademark that is uncomfortably identical to that of some other firm.
A full search should show not only the marks that are 100% identical but also the ones that seem similar. The Trademark availability search should be done by every budding entrepreneur so that his application is not rejected or opposed by some third party or even sued for Trademark infringement.How to search Trademark availability?
In case you are a fresh Indian entrepreneur wondering how to conduct a Trademark search to save yourself the hassle in case your trademark tallies with that of some other firm, you could easily log into the official website of The Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, Controller General of Patent Design and Trademark.
A Trademark search is very different from a domain search, in a domain search, only the items exactly matching the domain name that has been entered into the system are displayed.
On the other hand, in a Trademark search, Trademarks that seem similar are also displayed. It is done so, because, at times, third parties may object to the issuing of a similar trademark on the basis that it may lead to confusion among consumers. The trademark search, however, does not give any opinion before the filing of an application. It merely shows you the Trademarks that are in existence.
Once you get a search report which is positive and you are sure that your preferred Trade Mark is unique and one of a kind, you can proceed with the application process by filing an application of Trademark registration to the Registrar of Trademark. You just have a few legal formalities before having your own Trade Mark.
Conduct a complete trademark search to learn whether or not the trademark you want to register is available for registration. Conducting a trademark search is the most crucial step of the trademark incorporation process.
Without it, your application process will be in vain. If you need any assistance in this matter, you can talk to our TM experts. We are always ready to conduct an in-depth trademark availability search for your trademark.