It is advisable to make search for already existing trademark before filing an application for registration of trademark in India . The search makes one aware as to whether there exist a similar or identical registered mark or logo to that of mark or logo any new applicant has chosen for his/her enterprises. There are two steps to search any regstered trademark in India .
Ist step: The search for Registered Trademark starts with access to web portal http://www.ipindia.nic.in/, it splits into various tabs and on left of the website, there is an option for public search (Trademark ” TM”).
After clicking on this “Trademark in public search”, it lands us to an another window tab http://126.96.36.199/tmrpublicsearch/frmmain.aspx, here the process for searching trademark starts.
On the top of the portal, there is an option “search type” which basically provides the mode of searching trademark includes word mark or phonetic in order to determine the similar, deceptively similer, or phonetically similar prior trademark.
Example: ‘CEPLEX’ and ‘CELPLEX’ are phonetically similar trademark.
2nd Step: Now the 2nd step is that, applicant needs to mention a “class” under which applicant is registering his trademark .Classes are a categorization of goods and services .
The “class detail tab” is given at top of portal. Class 12, for example, reads “Vehicles; apparatus for locomotion by land, air or water”.
Class 25 is “Clothing, footwear, headgear”. Class 41 is “Education; providing of training; entertainment; sporting and cultural activities” and so on.
Finally applicant arrives at a list of various registered trademark and ‘status’ is mentioned for different trademark such as ‘registered’ or ‘abandon’ accordingly.
It is always emphasied to get serach done through a law firm handling intellectual property issues so that proper guidance can be always sought before applying for a TM registration in India .
For any legal assistance in Trademark in India, please connect with our law firm on firstname.lastname@example.org