Preliminary Search of trademarks
Prior to filing application for registration of a trademark, preliminary search of the proposed trademark is advisable.
Why is Preliminary Search advisable?
1. It will determine the existence of objectionable marks already on the Register. Such marks are:
- Marks similar to the proposed mark
- Marks confusingly or deceptively similar to proposed mark
- Marks phonetically similar to the proposed mark
2. Preliminary Search may eliminate the possibility of following objections or actions against the mark in future:
- Objections from Registry
- Suit for Infringement
- Opposition proceedings
3. Preliminary search will determine the relevant strength of the mark in the requisite market. If the mark is a weak one then same can be changed or altered and if it is a good one then it can be retained.
Trademark searches in India can be conducted for word mark, numerals, labels and device marks
Trademark Search can be classified into the following categories:
a) Word Search
b) Device Search
Word mark search is conducted to determine similar, deceptively similar or phonetically similar prior marks. Word mark search can be conducted in respect of desired specification of goods and services falling under classes 1 to 45 as per the international classification of goods and services under Nice Classification.
Device Mark Search:
Device mark or a figurative trademark includes marks such as stylized letter, numeral, shapes, plants, celestial bodies, living creatures etc.
A device mark search can be conducted in respect of desired specification of goods or services.
A device mark can be searched with the help of International Classification of Figurative Elements of Marks which prescribes Vienna Codes for different figures.
Apart from a preliminary search, a detailed trademark search is always recommended as apart from reporting similar prior marks, it will also determine if the mark is registrable as per the law prevailing in India, if it has any negative connotation, opinion on overcoming objectionable marks and any other relevant advice pertaining to the mark.
For more information on Trademark clearance service, Trademark watch service,Trademark searches and device/device mark search
in India please write to us at: firstname.lastname@example.org