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Guide to Trademark Filing: Online Search and Procedure

Written by:
Mehak Sharma
Published on
27-Aug-19

Before we get into the trademark search online procedure, it's important to know what a trademark is. A trademark is a sign, expression or design which recognizes goods and services from a specific source. A registered trademark provides its possessor the exclusive use of the mark to represent or identify its goods and services. The awareness related to intellectual property has been increasing constantly among the Indian businesses from the past few years. Due to this, there has been a rise in the trademark applications.

Because of this, it is very important for both the existing businesses and new businesses to register their trademarks. They should be alert and conscious about the trademark filings that are alike to their business interests. So, in this present article, we will be discussing how to do trademark search by name online and how to check trademark availability and registration process.

For more adept legal help or information about the online search and procedure of trademark filing, connect to us for an expert legal consultation.

 

In India, the Comptroller General of Patent Designs and Trademarks governs the trademark registrations and the registered trademarks. An online trademark search database is accessible through the Comptroller General of Patent Designs and Trademarks website.

To do the trademark search and to check trademark availability, you can visit here. The site can be used by both professionals as well as non-professionals to check trademark availability.

This trademark database consists of all the trademark applications which are submitted to the trademark registrar in India. This includes applied, registered, objected and the expired trademarks. A trademark search in the trademark database will deliver the user with the required information related to the trademark search request and availability status.

Trademark Name Search Procedure

Consult: Expert Intellectual Property Law Lawyers in India

To do the trademark search in India, firstly you should visit the trademark search database using the web browser. After opening the trademark search database -

  • Go to Wordmark as the search type at the top of the web page.

  • Then enter the wordmark you intend to search the trademark database. The trademark database can be related against the search query on three circumstances i.e. a) start with, b) contains, c) match with.

  • Afterwards, “start with” will show all the entries in the online trademark search database that start with the value which is provided for search.

  • “Contains” will show all the entries in the online trademark search database that consists of the value provided for the search.

  • “Match with” will show all the entries in the online trademark search database that matches with the value which is provided for search.

Enter the trademark class that is applicable accordingly. Trademarks are alienated into 45 classes, with each class signifying a different group of goods and services. A trademark application or registered trademark will only be relevant to the class under which the trademark was applied for.

A trademark search will bring up many matches, and understanding the trademark search status is necessary for construing the implications. If a trademark search states “no matches found” then it means that there are no registered trademarks or applied trademarks that match the request. Additionally, search of the trademark database for the same request with an altered match type or an amended request is then suggested.

It is also necessary to note that for the registration of a trademark, it should not be similar to any of the existing trademarks. Choosing a name which is acceptable and memorable is one of the first steps in registering a company in India. An easily remembered name can make the company reach many people.

It has the potential to become a household brand. Hence, it is very necessary to choose a name for your company by keeping numerous factors in mind. One needs to keep the company naming guidelines according to the Companies Act, 2013 in mind. You can check the Company Name Availability here to verify the availability status of your company name.

Also, the proposed company name should be acceptable as per the guidelines of Companies Act, 2013. Along with this, you can also find out if the company is incorporated or not through the Ministry of Corporate Affairs (MCA) website.

Nevertheless, the power for accepting or denying a company name application solely rests with the Ministry of Corporate Affairs (MCA). The company name which is proposed cannot invade on the registered trademark or an application for trademark registration, except with the consent of the trademark applicant or registered trademark owner which is submitted along with the name approval application.

The trademark status in the Indian Trade Mark Registry website will be shown as “Abandoned” when the applicant is not successful in responding within the specified time period, prescribed under the Act. In some cases, the applicant's lack of action can result in a trademark application to be “Abandoned”, such as when:

  • If no reply is filed to the examination report within the specified time period of 30 days from the receipt of examination report.

  • No reply is filed to the deficiency letter within the specified time period of 30 days from receipt of letter.

  • Show-cause hearing is not attended when the hearing was posted.

  • When the counter statement is not filed within 60 days from the receipt of notice of opposition.

Top Read: Send Legal Notice for Trademark Infringement

After doing the trademark search, one can file for the trademark registration application with the trademark registrar. They should make the trademark registration application in the required manner and should file it along with the necessary amount. They can file the application in any trademark registrar office according to the jurisdiction of the state or online mode.

For more queries or confusion regarding the online search and procedure of trademark filing, ask for expert legal advice from us now!

The trademark registration application should consist of some important information such as-

  • Trademark class or classification

  • Name and address of the trademark owner

  • Description of the goods and services

  • Logo or the trademark

  • Trademark used since date

After the registration of trademark it will be valid for a time period of ten years from the application date. One can renew the registration without any issues as long as they pay the renewal fees every ten years.