Trademark searches can be done for word-mark, numerals, labels and device marks.
Word Mark search – conducted to determine “whether similar or deceptively similar or phonetically similar mark already exists?”. It can be searched with respect to the requested specification of goods and services falling under class 1 to 45. Search is conducted as per the international classification of goods and service under “Nice Classification (NCL)”.
Device Mark search – figurative mark such as stylized letters, shapes, living creatures, celestial bodies, plants, numerals, etc. It can be searched with respect to the requested specification of goods and services. Search is conducted as per International Classification of Figurative Elements of Marks (which prescribes “Vienna Codes for different figures”).
Why preliminary search advisable?
- It determines the existence of objectionable marks already on the Register with the Registrar.
- It eliminates the possibility of objections from registry, or suit for any infringement, or any possible opposition proceedings.
- It gives an insight on “whether a mark is weak?” then you can take a decision to change or alter your mark to ensure successful registration
Detailed Trademark Search – a detailed trademark search is recommended apart from the preliminary search. A detailed trademark search provides you additional opinion viz., whether trademark is registrable as per law in India; whether it has any negative connotation; and any other relevant opinion in this regard.
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This information is in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Mind Sync does not accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any information provided herein. On any specific matter, reference should be made to the appropriate advisor.