A trademark can be any word, phrase, symbol, design, or combination of these that identifies the goods or services of an individual, business, or other legal entity. Trademarks distinguish one product or service from another, and registering a trademark provides the owner with legal protection and exclusive rights. One of the first steps in registering a trademark is to check if the trademark is already available. Especially for small business owners, ensuring your brand is protected through trademarks is crucial. This starts with conducting trademark searches before deciding on your brand name, logo, or slogan to protect your brand and avoid legal complications. This article provides a step-by-step process for checking trademarks.
Must Read: Know everything about Intellectual Property Rights
How to Search for a Trademark in India
Trademark searches in India can be conducted through the official government website of Intellectual Property, under the control of the Controller General of Patent Designs and Trademarks. This platform allows you to access and search for Trademark Records electronically.
The official website categorizes trademark searches into three divisions:
- Wordmark: Searches for trademarks in words rather than designs or graphics. Eg: Apple, IBM, and Microsoft.
- Vienna Code: A system used to classify trademarks based on visual elements.
- Phonetic: Emphasizes how the words phonetically sound rather than their spelling. Eg: McSweet LLC vs. McDonald's, Louis Vuitton vs Chewy Vuiton
Wordmark Search
Step 1: Set the Search Type
Ensure ‘Wordmark’ is selected for conducting the search.
Step 2: Set the Value for the Wordmark
There are three options available for the keyword ‘Wordmark’:
- Start with: Include all keywords that start with the words you specify.
- Contains: The Wordmark will contain the value you search for.
- Match with: Contains only the matching wordmark that you have searched.
Step 3: Enter the Class of the Trademark
Find out which class your product or service belongs to. There are 45 total classes for different goods and services, and you can search for only one class at a time. The classes can be found here.
Step 4: Enter the Security Code and Search
Enter the security code and perform the search. The results of all the matching trademarks will be shown. If no matching mark is found, no result will be displayed.
Vienna Code Search
Vienna code search involves figures and visual elements and is standardized into 29 categories. The search is carried out similarly to a wordmark search, with the main difference being the value you need to enter for the Vienna code. Vienna Code values are predefined and can be accessed here. The value is supposed to be 6 digits, so if your value is 1.1.3, you need to add zeros as a prefix, i.e., 01013. Enter the right class and follow the steps mentioned for the wordmark search.
Phonetic Search
Phonetic search focuses on similar-sounding words. The steps are similar to the Vienna search but involve inputting words. The results will include words that sound similar. Conducting a phonetic search requires careful attention as there are chances of missing relevant trademarks, and it may take more time to show results compared to other search types.
A Guide to Understanding Trademark Classes
When it comes to protecting your brand, understanding trademark classes is crucial. These classes, established by the World Intellectual Property Organization (WIPO), help organize and categorize different types of goods and services for trademark registration purposes.
What Are Trademark Classes?
Trademark classes are a standardized system used to group similar products or services. There are 45 different classes in total:
Classes 1-34: Goods
Classes 35-45: Services
Key Trademark Classes for Popular Industries
Class 25: Clothing and footwear
Class 35: Advertising and business services
Class 41: Education and entertainment
Class 42: Scientific and technological services
It's often recommended to register in multiple relevant classes to ensure comprehensive brand protection.
How Brands Fight IP Violations: Strategies and Tactics
Protecting your Trademark and IP is as important as securing your brand's existence. These intangible assets distinguish your brand in the market. However, there's no single method to secure your IP and brand. Here are the tactics you could employ to protect your trademark and IP across the market.
1. Monitoring and Detection
Use AI-powered software like Truviss to scan the internet, marketplaces, and social media platforms for potential trademark violations. This includes:
- Automated brand protection tools
- Regular manual searches
- Monitoring of domain name registrations
Must Read: Importance of Trademark Monitoring for Brand Protection
2. Cease and Desist Letters
When a violation is detected, the first step is often sending a cease and desist letter. This formal document:
- Informs the infringer of the violation
- Demands immediate cessation of the infringing activity
- Outlines potential legal consequences
3. Legal Action
If initial communication fails, pursue legal action, including:
- Filing lawsuits for trademark infringement
- Seeking injunctions to stop the infringing activity
- Claiming damages for lost profits or brand dilution
4. Customs Registration
Register trademarks with customs authorities to prevent the import of counterfeit goods. This allows for:
- Seizure of infringing products at borders
- Destruction of counterfeit goods
5. Online Enforcement
With e-commerce booming, you should increasingly focus on online enforcement:
- Utilizing platforms' built-in reporting tools for IP violations
- Working with e-commerce sites to remove infringing listings
- Employing takedown notices for websites hosting infringing content.
Trademark Protection for Your Brand
Conducting a trademark search is a key step when starting a business, protecting a brand, or establishing an identity. Small business owners, in particular, should conduct trademark searches to avoid future conflicts. You can initially search for a name, figure, etc., on the internet to check if any brand already exists, which will help avoid problems. While anyone can perform a trademark search using the public search option on the official government site, it is advisable to consider an IP Professional or Attorney for a comprehensive search to rule out any overlaps and avoid objections after filing.
If you are wondering how to secure your brand IP and trademark, get in touch with us. Our expert team provides a free brand protection consultation to identify and explain the vulnerabilities in your IP security.
We, at Acviss have protected over 2 billion products, catering to over 80 brands globally. Our advanced anti-counterfeiting and brand protection solutions are always at your disposal. Reach out to us here to take your first step towards counterfeit-free market growth.
FAQs
1. Can I trademark a commonly used word or phrase?
It's possible to trademark common words or phrases, but it depends on how they're used in relation to your goods or services. The trademark must be distinctive in your field of use. For example, "Apple" is trademarked for computers but not for actual fruit.
2. What happens if I use a trademark without conducting a proper search?
Using a trademark without proper search and registration can lead to legal issues, including potential lawsuits for trademark infringement. You might be forced to rebrand, pay damages, or face other penalties.
3. Are international trademarks covered in a standard Indian trademark search?
A standard Indian trademark search typically covers only trademarks registered or applied for in India. For international protection, you would need to conduct separate searches in other countries or use international trademark databases.
4. How often should I conduct trademark searches for my business?
Answer: It's advisable to conduct initial searches before launching a new brand or product. After that, periodic searches (perhaps annually) can help ensure you're not infringing on new trademarks and that others aren't infringing on yours. Always conduct a search before expanding into new markets or product lines.
