To register trademark in India, you first need to know how to search for trademark availability. The search for trademark availability plays a crucial role in the complete Trademark Registration process. Thus, if you are applying for trademark registration online, learn how to search for trademark availability. In this article, we will discuss the complete process for the same. We will also understand the concept of Trademark Registration in India.
What is a Trademark?
Trademarks can be registered for a variety of items, the most popular of which are names and logos. A trademark is something that allows customers to recognize your products or services apart from those of others. They identify one trader’s goods or services from another and can take a variety of forms, including phrases, slogans, logos, designs, colors, and audio.
Trademarks are registered for certain goods or services that fall into several categories, or classes. The trademark has a total of 45 Classes. The complete list of all these classes is available at – Complete list of Trademark Class shouldn’t be descriptive, and they shouldn’t include typical surnames, geographical names, registered company names, or anything else that suggests the royal influence.
What is a Trademark Registration?
In India, trademark registration is governed by the Trademarks Act of 1999 (“Act”). The Registrar of Trademarks receives and authorizes an application for registration. You can also register a trademark online.
The owner of trademark registration has the exclusive authority to use the mark. This means that the trademarks can be used by the owner solely or leased to a third party for extra income.
In the event of a disagreement, the Trademark Registration, for example, gives legal clarity and strengthens the rights holder’s position. The duration of a trademark registration varies, although it normally lasts 10 years.
Important Note: Trademarks can be renewed indefinitely at an additional fee. In addition, trademark rights are considered personal property and are protected by court decisions.
Know about Search for Trademark Availability
A trademark search availability is a rapid look through the trademark database. When you conduct a trademark search, you will obtain the following information:
- Who else has applied for a trademark that is the same or similar to yours?
- The number of the Trademark Registration Application and the date it was submitted
- The category in which the application was submitted
- The application’s status (approved, withdrawn, registered, opposed, or abandoned).
Why do you need to Search for Trademark Availability?
Search for Trademark Availability is important for multiple reasons. The major reasons are as follows.
- If you want to register your brand, the first thing you should do is do a comprehensive search of current trademark registrations including applications. You can do a preliminary search to see if your trademark is available or if it has already been claimed by someone else.
- Following a simple search, you may contact e-startupindia to handle trademark registration online on your behalf. We handle all of the important responsibilities for you, so you will not have to stress about evaluating the search results, determining the appropriate class for your product/service, or ensuring that your application is error-free.
- As a result, it is always preferable to be extra cautious. Infringement of relevant legislation might be avoided by doing a trademark search. Furthermore, while choosing a trademark to minimize duplication, availability is a critical factor to consider.
- It is critical that the trademark not only be unique but also that it be classified correctly. Otherwise, it may face Trademark Formality Check Fail.
- By completing a thorough search, you can prevent any potential objections. You can also contact us for Trademark Objection Reply to successfully register your trademark.
- If you have successfully completed Trademark Registration, you still need to do Trademark Search Availability in case of trademark opposition to prevent someone else from misusing your registered trademark.
- It’s also crucial to safeguard your trademark protection. Every day, new trademark applications are filed, and someone might try to register your brand or one that is similar to it.
- While doing trademark search availability, you can keep an eye out for important opportunities. You have the right to object if you discover someone attempting to register your trademark or one that is similar to yours. You can take them to the stage of Trademark Hearing and protect your trademark.
Where to search for Trademark availability?
Database of Trademarks is where you need to search for Trademark Availability. The Comptroller General of Patent registration, Designs, and Trademarks manages the database of trademark applications and trademark registration in India.
Both the Non-professionals and industry professionals use the web-based trademark search database to conduct trademark searches.
All trademark applications filed to the Trademark Registrar in India, including all granted, filed, disputed, and expiring trademarks, are stored in the Trademark database. Thus, A trademark availability search on the Database of Trademark will provide the user with vital information about their trademark search query.
Steps to search for Trademark availability
As we read, to register a trademark in India you need to first search for Trademark Availability. You need to follow the steps mentioned below.
- Visit the official Trademark Registration Online Website in India.
- Go to the Public Search Option.
- Out of the three options (Wordmark, Vienna Code, Phonetic) choose the one you are looking for.
- After entering the details click on the search button.
- The results will indicate all the data of trademarks, applications, objections, etc. related to your query.
You can also contact our business advisors at – 8881-069-069 to search for trademark availability. This way you can save your valuable time and energy and focus on your core business.
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