What Is Trademark Public Search And How It Performs?

A Trademark Public Search is the first and important step before registering a brand. It generally helps entrepreneurs, startups, or businesses in verifying their chosen mark. This verifies that even if mark is different from others and not registered by someone else.  A trademark search protects a brand from infringement, rebranding costs, and risks. So, performing this search from the IP India portal confirms a smooth registration and strong brand protection. In this piece of writing, you will get guidance on trademark public search and more.

What is a Trademark Public Search?

A trademark public search is the process of checking the official database of the Indian trademark registry. It allows business entities or an individual to check if a name, logo, slogan, or design which they want to use is different from others. You can search through the official IP India portal. They should specify the name of the trademark, the application number, or mention the product category to conduct this search. This is a very crucial step before filing for the registration. This search will help to prevent unnecessary disputes and application rejection. However, this type of search allows you to look for similar words, device marks (logos), or phonetic similarities.

What are the Classes of a Trademark Search in India?

The Controller General of Patents, Designs and Trade Marks has split trademarks into different groups. These categories known as classes and provide a unique number. There are a total of 45 trademark classes. Classes 1 to 34 cover goods. On the other side classes 35-45 specify the services.

Types of Trademark Public Search in India

There are three main types of trademark public search in India:

Wordmark Search

Wordmark search is a kind of search which checks if the product or services is different from others with a text or phrase. This means it is a word or marking that identifies or differentiates goods or services. Wordmarks consist of letters, digits, and typographic characters. So, this type of mark applies to a firm that protects a brand name written in a plain text.  

Vienna Code Search

The Vienna code is a global system for organizing the visual parts of trademarks. In this type of search, the Vienna Agreement has made a system to find a trademark that depends on the figurative elements of a logo. A trademark office assigns this code. It has features like pictures, drawings, labels, and other images to help with a trademark public search. People can search for a trademark by entering a six-digit Vienna code and then the class of the products or services. This search is useful for figurative markings.

Phonetic Search

A phonetic search applies if the two trademarks have the same pronunciation, even if they are spelt differently. This is a kind of process in which companies can find similar-sounding brands. This search takes place before filing for a trademark. This type of search helps to stop confusion for customers, avoids problems, and protects a brand's ideas.

Importance of Trademark Public Search in India

Here are the key importance of trademark public search in India:

Avoiding Trademark Infringement

In India, trademark infringement is primarily a civil violation under the Trade Marks Act, 1999. It generally leads to civil remedies such as injunctions, damages, and account of profits. Criminal liability applies only in specific situations, such as counterfeiting or offences covered under special provisions of the Act. If you do a trademark public search before registering a trademark, you will have the right to protect your mark from infringement. In this search, you can check if your mark is different from others. This will help you to avoid legal issues and making better informed decisions.

Strengthening Your Trademark

A public search of a trademark helps to avoid possible disputes and objections which strengthens a trademark. In this search, you can identify potential issues and choose a mark that stands out in the marketplace. This search allows you to following the key rules and the steps involved in registering a trademark in India. You will get a confirmation that your chosen mark is unique and distinct that increases the chance of trademark approval.

Saving Time and Money

Once you perform a public search, you will be able to save time and money. This search helps in identifying potential issues or conflicts. It allows you to make informed decisions before filing. Since trademark registration involves costs such as government filing fees, legal fees, and possible opposition expenses, a trademark search helps you avoid unnecessary costs. It also helps you decide whether you should continue using the mark or choose a new one.

Defending the Image of a Brand

You must always protect your brand’s reputation for smooth business operations. You can do a trademark public search to protect your brand image. This helps to avoid legal issues, maintains the goodwill and reputation of a brand.

Global Growth

A trademark search on the Indian registry database only verifies conflicts within India. It does not confirm whether your mark is available or protected internationally. For global protection, additional searches must be conducted through international registries and global trademark databases.

How to Conduct a Trademark Public Search in India?

You must go to the official trademark search portal run by the Controller General of Patents, Designs, and Trade Marks.to start the process. This portal works under the Department of Industrial Policy and Promotion.

Here are the steps to conduct a trademark public search in India:

Step 1: Visit the Official Trademarks Registry Website

You must visit the official IP India portal to start the process of trademark search. This portal provides an online search tool, which is known as “Trademark search”. This is a free tool for public to do a trademark search.

Step 2: Find the Trademark search Option

You must search for the “Trademarks” Section on the homepage. Then, you will find a “Public Search” option.

Step 3: Choose the Type of Search

You can search the trademark with the help of different parameters, such as name, logo, and class. In India, there are 45 classes in the trademark section based on the types of goods or services they represent. You must select the appropriate class which deals with the business you are involved in to filter the search results. The options can include wordmark, Phonetic and Vienna code.

Step 3: Enter the Trademark Details

In the next step, you should provide the name or symbol of the trademark which you want to find. In the case of logos, you need to upload a clear image or using Vienna codes (If you know the category of your design). You can also use filters to refine your search based on the status of the trademark (e.g., pending, registered, or abandoned).

Step 4: Review the Results

Once you enter the trademark details, the system gives you a list of results. You should go through the results to see if an existing trademark similar to the one that you want to register. In the case of a similar mark, you may have to reconsider your choice or seek advice from a trademark attorney.

Step 5: Check Trademark status

You need to see the details such as owner’s name, registration status, and class of goods or services for each result.

Step 6: Repeat the Search

You should try different spellings, variations, or similar sounding names. This process helps to avoid the conflicts and delays.

Step 7: Consult a Trademark Expert (Optional but recommended)

You can consult a trademark lawyer or professional to avoid mistakes about search results or official aspects.

Conclusion

Therefore, a Trademark Public Search is an essential step for any business to protect its brand identity. A valuable search helps to solve problems, makes registration process simple, and protects brand identity for a long time. So, this step helps business to confirm that the specific name, logo, or slogan has already been used. It provides confidence in making branding decisions with exclusive rights. If you have any queries about it, contact Online Legal India.

FAQ

Q1. What is Trademark public search?

A trademark public search is a kind of search given by the Controller General of Patents, Designs and Trademarks. Users can search for an existing trademark among all the issued trademarks. It focuses on checking whether a mark is already being used by someone else.

Q2. What information can I find through a trademark public search?

You will find the data about an existing trademark which you want to use. This includes details about registered trademarks, who owns them, and what services and products they offer.

Q3. What is the portal for trademark public search?

The official IP India is the portal for performing a trademark public search.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.