Trademark Search

Trademark search is done before filing a trademark application to find possible disputes with existing trademark applications or registered trademarks. You can do a trademark search by giving the wordmark and the class under which the search is to be done. Trademark application is prepared under 45 different classes as per the NICE classification for trademark. Each of the trademark class describes a different set of goods and services. In case you need to find the trademark class for a good or service, you can use our trademark class finder tool.

TrademarkCart provides a simple way to complete a trademark search through this online tool. But, this tool might not include the most recent trademark application information. You can, however, use this trademark search tool to see trademarks under various classes or search for trademark applications by owner.

The trademark search assists us to learn 3 important things which are a necessary step before filing:

• Learning the existence of objectionable marks which are already on the trademarks register: Marks same or confusingly alike to the proposed mark, and marks phonetically alike or same concerning the proposed mark.

• Preceding Search of Trademark may eliminate the chances of following doubts or any actions over the mark in future: Objection from the trademark registry, suit for infringement, and opposition procedures. The prior search of the trademark will also define the power of the mark to be filed, and in case the mark is weak then the opportunity is open to change the mark if strong branding efforts are not made already to the mark.

• Trademark searches for India and outside India are done for word mark, numerals, labels, and device mark: The search includes a lot of experience and expertise so it needs a skilled and experienced attorney to search. As the business has a dependency on brand name or trademark so it’s a necessary step before attaching a trademark to the business or company or any entity which aims to trade.

Why to Conduct a Trademark Search?

Before applying for trademark and making the payment, you should search your trademark might be someone already has that mark registered. This will avoid application for duplicate works. This will also save your money as if the application is rejected, no amount is refunded. The reason to conduct trademark search are:

• It gives you a great deal of information about third-party uses of same trademarks.

• Provide you with information about potential risks associated with the mark.

• Saves time and money for applying to register a trademark. It assists you to evaluate the relative strength of your mark.

• Minimize the chances of ever getting a cease and desist letter.

• Prevents lawsuit upon the clients for trademark infringement and unfair competition.

• Avoid investment losses in creating a Trademark.

• Avoids negative impact on both the clients’ income and quality of life.

Search you Trademark in 3 Simple Steps

• Step 1

  Complete our trademark form.

• Step 2

  We will generate your Trademark application.

• Step 3

  Final Wrap-Up of your Trademark Order.

Benefits of Trademark Search

Trademark search is very beneficial at many steps of your trademark registration process. The following are the benefits of trademark search:

• It gives you a great deal of information about third-party uses of same trademarks.

• Provide you with information about potential risks associated with the mark.

• Saves time and money for applying to register a trademark. It assists you to evaluate the relative strength of your mark.

• Minimize the chances of ever getting a cease and desist letter.

• Prevents lawsuit upon the clients for trademark infringement and unfair competition.

• Avoid investment losses in creating a Trademark.

• Avoids negative impact on both the clients’ income and quality of life.

Trademark Search Classes

According to the NICE classification, a trademark is categorized into 45 categories. Among this, 34 classed describes goods and 11 represents services. Since each class displays a unique category of goods and services, so you must pick the right class for your trademark. The process is carried out, once you choose the category/class for your goods/services.

Classification of Goods

• In the case of complete goods, it is named according to its purpose or function. If the function is not specified, then the user can classify it by analogy with other similar finished products (mentioned in the alphabetical list). And even if this is not likely, then an applicant can classify based on the material of which the product is created or its mode of operation.

• In the case of multi-purpose finished goods, it could be sorted based on any of its functions. If the function is not specified, then it could be categorized based on the material of which the product is created or its mode of operation.

• In the case of raw materials, whether unworked/semi-worked, they are categorized based on the material they consist of.

• In case a product is created using different materials, then it is classified based on the material that predominates.

• Any good that forms part of another product is in principle listed in the same class as that product only when a similar type of goods cannot normally be used for a different purpose. 

Classification of Services

• The primary basis on which the services are categorized is according to the branches of activities defined in the headings of the service classes and their explanatory notes. And if this is not the case, then this is done using other services specified in the Alphabetical List.

• In the case of any rental services, the classification is in the same class as the ‘services given using rented objects.

• Any service that gives advice, information or consultation is classified in the same class as in the case of matter of the advice, information or consultation.

Trademark Class

Classes	Description
Trademark Class 1	Chemical applied in industry, science, photography, agriculture, horticulture, and forestry, unrefined plastics and chemical substances for processing foodstuffs.
Trademark Class 2	Paints, preservers over rust and deterioration of wood, dyes, and metals in foil, painters, decorators, printers, and artists.
Trademark Class 3	Bleaching arrangements and materials for laundry use, cleaning, polishing, abrasive preparations, soaps, perfumery, essential oils, cosmetics, and hair cosmetics.
Trademark Class 4	Industrial oils and greases, emollients, dust absorbing, moistening and binding compositions, fuels including motor spirit, candles, and wicks.
Trademark Class 5	Pharmaceutical, veterinary, sanitary preparations, dietetic items adapted for medical use, food for babies, disinfectants, fungicides, and herbicides.
Trademark Class 6	Common metals and their alloys, metal structure materials, tiny items of metal hardware, pipes and tubes of metal, goods of the metal not involved in other classes.
Trademark Class 7	Machines and its tools, machine coupling and transmission parts, agricultural tools other than hand-operated and incubators for eggs.
Trademark Class 8	Hand tools and devices, cutlery and/or razors
Trademark Class 9	Scientific, electric, photographic, measuring, apparatus for recording, transmission or propagation of sound or images. The data processing equipment and computers also falling in this category.
Trademark Class 10	Surgical, medical, dental and veterinary equipment and tools, artificial limbs, orthopaedic articles and suture materials.
Trademark Class 11	Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and/or sanitary determinations.
Trademark Class 12	Vehicles, apparatus for locomotion by land air or water.
Trademark Class 13	Fireworks, ammunition, and projectiles and explosives.
Trademark Class 14	Valuable metals and their alloys and goods in valuable metals, jewellery, valuable stones, chorological and other chronometric instruments.
Trademark Class 15	Musical tools and instruments.
Trademark Class 16	Paper, cardboard, and goods, printed matter, stationery, brushes, typewriters, and office essentials even plastic materials for packaging.
Trademark Class 17	Leather and imitations of leather, animal skins, hides, trunks, traveling bags, umbrellas, parasols, walking sticks, whips, harness, and saddler
Trademark Class 18	Rubber, mica, plastics in projected form for use in manufacture, packing, protecting materials and/or flexible pipes.
Trademark Class 19	Building materials, non-metallic rigid pipes for building, asphalt and non-metallic transportable buildings.
Trademark Class 20	Furniture, mirrors, picture frames, goods of wood, cork, shell, amber.
Trademark Class 21	Household, kitchen utensils, containers, combs, sponges, articles for cleaning purposes, unworked or semi-worked glass, glassware and earthenware.
Trademark Class 22	Ropes, string, nets, tents, sails, padding, stuffing materials, and/or raw fibrous textile materials
Trademark Class 23	Yarns, threads and for textile use
Trademark Class 24	Textiles and its goods, not included in other classes, bed and table covers.
Trademark Class 25	Clothing, footwear and headgear
Trademark Class 26	Lace, embroidery, ribbons, buttons, hooks, eyes, pins, needles or artificial flowers.
Trademark Class 27	Carpets, rugs, mats and matting, linoleum and other stuff for covering floors, wall hangings.
Trademark Class 28	Games, sporting articles, play things and gymnastic.
Trademark Class 29	Meat, fish, poultry, jams, fruit sauces, eggs, milk or its products, edible oils and fats.
Trademark Class 30	Coffee, tea, cocoa, sugar, rice, tapioca, bread, pastry, and confectionery. Ices, honey, treacle, yeast, baking powder; salt, mustard, vinegar, spices and ice.
Trademark Class 31	Agricultural, horticultural and/or forestry, fresh fruits, vegetables seeds, natural plants.
Trademark Class 32	Beers, mineral water, fruit juices, syrups.
Trademark Class 33	Alcoholic beverages except for beers.
Trademark Class 34	Tobacco, smokers’ articles, and matches
Trademark Class 35	Advertising, business management and administration, and functioning of office.
Trademark Class 36	Insurance, financial affairs, monetary affairs and real estate affairs.
Trademark Class 37	Building construction, repair and installation services.
Trademark Class 38	Telecommunications
Trademark Class 39	Transport, packaging or storage of goods and travel preparations.
Trademark Class 40	Treatment and handling of materials.
Trademark Class 41	Education Trainings, entertainment, sporting, and /or cultural activities.
Trademark Class 42	Scientific design, technical services, industrial analysis and research services, Designing of computer hardware and software.
Trademark Class 43	Services for giving food and drink and temporary accommodation.
Trademark Class 44	Pharmaceutical services, veterinary services, hygienic and beauty care for human beings or animals, agriculture, horticulture, and forestry services.
Trademark Class 45	Legal and security services for the security of property and individuals, personal and social services concentrated by others to meet the demands of individuals.

Trademark Portfolio Management

Trademark portfolio management means the management of application from the start to the end of it. The portfolio involves several activities that include:

• Docketing of the filed application

• Tracking and following upcoming deadlines

• Notifying the clients about the deadlines

• Coordinating with foreign attorneys about any application filed outside India

• Comprehensive management of application till registration and renewal

Trademark Infringement

In case one uses a certified trademark without the permission of the trademark owner, then it is recognized trademark infringement. It is an offense under the Trade Marks Act. Under this, the registered trademark owner can issue a notice to the infringer to discontinue the use of the mark.

Even after this, if the infringement is continued, then action to terminate all goods that violate the Trade Marks Act could be instated. And the claim for the damages can be asked from the infringer.

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FAQs on Trademark Registration