In a world where first copies are easily available, it is very important to register a trademark for your brand name. It safeguards the brand from unauthorized use. One must check the availability of the trademark before registration by following the trademark search process. It lets you know whether the brand is available for registration or some other person has already registered or applied for a similar brand name.
How to conduct a trademark search?
Trademark search is an important part of trademark registration. If the search is not done properly then there may be chances of objection and rejection of trademark application. The steps involved to search a trademark are discussed under.
Before proceeding further, it is best to consider these 5 things before filing the trademark application registration.
Step 1: Class Search
The very first step of trademark registration and trademark search is selecting the right class. The Trademark Ministry has classified different goods and services into 45 classes. Hence, one has to select the right class for the product or service one is dealing in.
It may happen that a product seems to fall in one or two classes, so one can select the best suitable class or can also select all the suitable classes as per the goods and service description. The class can be selected from the classification of goods and service from Trademark Ministry’s portal.
After clicking the above link you will come to the page as shown under
- In the tab “search term” enter your product or service and it will show the related list of classes as under.
Hence, it is best to select the most suitable class while conducting the trademark search process.
Step 2: Trademark Search from the Trademark Ministry Portal
After the selection of class, the next step in the trademark search process is to check the availability of the brand name following the below-mentioned steps.
- Open the Trademark Portal and you will come to this page.
- In search type select Wordmark from the drop-down list.
- In the first row, you will find another drop-down list in front of a wordmark, in which select Contains and besides it write your brand name in the given box. For example, if the brand name is “Big Bazaar” then you should check individually each word. First search for “Big” and again search for “Bazaar”. It will give you the exact details.
- In the second row against class enter the class number in which you want to search your brand name and click on search as shown below.
- You will find all the matching brand names as under.
- If there is no similar brand name then it will show as under.
- Now select Phonetic from the very first drop-down list against Search Type and enter the brand name and class as described above and search again as under.
- It is important to check the brand name phonetically because it may be that there are no similar brand names but there are brand names which sound similar. For example, if your brand name is “seez” and there are no similar result found in trademark search but if there is a brand with “ciz” then such result will show when you will search it phonetically.
- The ministry will not approve the trademark application even there is a phonetically similar brand name. So phonetic check is a must.
This complete guide will help you to do a trademark search and decide whether to make an application with the same brand name. Or is there a need to think of different brand name due to similar brands found in the search.
One can easily search the availability of the brand name using this guide but it is always recommended to take the help of professionals. As professional has technical knowledge about the trademark laws which will help to take a better decision. However, the final discretion of the approval of the trademark application remains with the August Ministry.