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

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