Every trade mark 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 hundred percent 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 trade mark 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. Once you log into this site, things are as easy as they can possibly get. You just have to enter the keywords and fill the class under which category your product or service falls. Thereafter you can start a full-fledged, authentic search and by the end of it, you will very sure whether or not you have chosen the right Trade Mark for your firm. Then you will get a detailed report of the Trademarks filed/applied/objected. If no result displayed after your search, it means you can file your Trademark application, The Registrar of Trademarks may allow your Trademark for registration in examination after a proper time.
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 trade mark on the basis that it may lead to confusion among consumers. The trade mark 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 Trade mark. You just have a few legal formalities before having your own Trade Mark.