How to conduct a comprehensive trademark search in India

A trademark search involves examining existing trademarks to determine if there are any similar or identical marks that may conflict with your desired brand name or logo. A trademark search acts as a preventive step against trademark infringement or passing off. The main purpose of conducting a trademark search is to check whether the desired trademark is available to be registered.

By conducting a thorough trademark search one can avoid any future legal disputes, protect their brand identity, save money and time and enhance consumer confidence.

Procedure for conducting a Trademark Search

A trademark search can be done using the Public Search option available on the IP India official website. There are different options available on the official website like Patents, Designs, Trademarks, GI, etc. The first step in order to conduct a Trademark Search is to identify the Trademark Database that is relevant the one’s country. Each country has its own trademark office that maintains a repository of the trademarks that are registered within the territory of that particular country.

A trademark can also be registered internationally for which the search needs to be conducted on international trademark databases. Eg:- WIPO database.

After identifying the appropriate database, a search needs to be conducted either online or physically.

Then the desired brand name needs be entered into the search fields. After entering the search criteria, one needs to review the search results. There are high chances that similar or identical trademarks are already registered in the concerned databases. At this stage it is crucial to assess the risks associated with the desired brand name. If the first search results show possible conflicts, one must narrow down the results by filtering their search criteria. Finding trademarks that are more similar to the intended brand name or emblem might be facilitated by narrowing down the search. Conducting a basic trademark search is a good starting point for evaluating the availability of your desired brand name or logo. However, it is pertinent to note that a basic search may not reveal all potential conflicts, especially if they are less obvious or involve similar trademarks in different industries.

Comprehensive Trademark Search Techniques

· Comparing Visual Similarities or Image Search: Conducting an image search can help in identifying similar or identical trademarks. Eg:-In the recent case named jrpl Riceland v Neeraj Mittal and Anr., the Delhi High Court restrained the defendants from using the mark “Biryani King” or any deceptively similar variant in respect of rice or edible goods as both the products of the Plaintiff as well as the Defendant bore the name “Biryani King” with similar green and gold packaging.

· Using Goods and Services as Keywords:- It is beneficial to conduct keyword searches to identify trademarks related to a particular industry or associated goods and services. Keyword searches helps in assessing the originality and distinctiveness of a brand pertaining to a specific industry.

· International Class Search:- In India, trademarks can be classified into 45 classes, also known as the Nice classification. Class 1-34 pertains to goods while 35-45 pertains to services. Conducting an international class search allows in identifying trademarks registered in same or similar class as the desired brand. One can evaluate the potential conflicts that may arise by examining the trademarks of a particular class.

· Domain Name Search:- A domain name search is the process of checking whether a desired web address (e.g., www.abc.com) is available for registration or is already owned by someone else. It is important because domain names often function as a brand’s online identity, and using one that is already registered can lead to disputes, loss of traffic, or trademark infringement claims. The search is usually conducted using domain registrars’ databases to verify availability and ownership details. Eg:-A company planning to launch “Cremebrew” coffee products wants the domain cremebrew.com. A domain name search reveals it is already registered, so they may opt for alternatives like cremebrew.in or getcremebrew.com.

By using the above-mentioned techniques a more comprehensive trademark search can be conducted which can uncover potential conflicts and evaluate the risks associated with choosing a particular brand identity.

Conclusion

A comprehensive Trademark Search has become a very crucial process for securing a conflict and risk-free trademark registration. There are a number of ways in which a thorough search can be conducted for a brand name, such as image search, keyword search, domain name search and international class search. As the world economies are booming, it is not only essential to protect registered trademarks from being infringed but also create awareness about proper trademark search tools and techniques so that there is no scope of conflict between brands and there is fair competition in the market.