How to Check If a Trademark is Already Registered?

Trademark is a bible, design, or symbol which differentiates a product from early products of a similar kind. It is considered to be a share of intellectual place rights.

As per incision 2 ( zettabyte ) of The Trademarks Act 1999, trademark refers to a mark that is able of being represented graphically ; which is capable of distinguishing the goods or services of one person from those of others and may include the form of commodities, their promotion and combination of colours .

Importance of a Trademark Search

  • It is always better to be safe than sorry. Trademark search would avoid the infringement of applicable law(s).
  • Availability is an important criterion while deciding on a trademark that will avoid any duplication.
  • It is vital for the trademark to not only be unique but also have a proper trademark classification.
  • Every potential conflict can be avoided by conducting a meticulous search.

Classes of a Trademark

According to the NICE classification of trademarks, which is an external categorization of goods and services, there are 45 classes which are divided as 1 to 35 for goods and 36 to 45 for services. Before a trademark search is done, a class search would be necessary in order to determine which class the product belongs to.

Steps to Check for a Trademark

  • Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in.
  • Click on the trademarks tab and then click on public search.
  • There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.
  • On selection of each criterion, the keyword fields change as listed below:
Search Criteria Keyword Fields
Wordmark Wordmark, class, goods description
Vienna Code Vienna code, class
Phonetic Phonetic, class, goods description
  • Once all of the details have been entered, you will need to click the search button.
  • The result panel will show the list of trademarks either registered/objected/abandoned which will serve as the basis to decide on the trademark.

Important Tools You Need to be Aware of

The trace tools are available on : hypertext transfer protocol : //ipindiaonline.gov.in

Class details:

This is a search facility provided to find out which class a detail intersection belongs to, based on the kind of intersection. The search is available in diverse languages .

Well-known marks:

It is a list of all the long-familiar marks as determined by several authorities

Prohibited marks: 

It provides a number of all the marks that can not be used in a trademark. Using any of these would lead to the rejection of the lotion of a brand. case : Mahatma Gandhi, ISO, national, etc .

Vienna code classification:

It gives the details of the international classification of the figurative elements of marks that are required for checking a brand on the Vienna code search criteria .
It is imperative to do a trademark research before the registration of the same. If all the boxes are click ahead, the registration process will be placid and easy.

Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Related Articles:

Trademark Registration Procedure
Trademark Goods & Services Class Codes Search
How To Check Trademark Status

Trademark Infringement In India – What is it, Types, Penalties for Infringement
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