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Trademark Search

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Definition
Type
Search Classes
Infringement
FAQ

Trademark Search


A Trademark search is done to ensure that any trademark, which an applicant wishes to register, does not cause the likelihood of confusion with an already applied mark. We at “LegalRaasta” offer free service of trademark search for you. We have the updated database for ease of the process and this is a hassle-free online process for you.

Types of Trademark Search


Word Search:

This type of search allows you to retrieve trademarks that use the same word as that of the query entered.


Vienna Code Search:

In some cases, a trademark may contain the same visual elements as that of other companies. It would be difficult to search for such marks. India is a member of the Vienna convention, so it follows the international classification for the same.


Phonetic Search:

The phonetic search interface is used in the case of similar-sounding trademark words. It is a useful type of search as it sometimes provides results having a different spelling but a similar sound.


Trademark Search Classes


According to the NICE classification, the trademark is classified into 45 categories. Among this, 34 classed represents goods and 11 represents services. Since each class shows a unique category of goods and services, so you should choose the right class for your trademark. The process is carried out, once you select the category/class for your goods/services.

Classification of goods

Classification of services


Classes Category of Trademarks
Class 1 Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.
Class 2 Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants
Class 3 Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics
Class 4 All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.
Class 5 Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.
Class 6 Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes, and other small metal hardware, also ones are included
Class 7 Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs), and agriculture machines (hand-operated not included).
Class 8 Hand tools, cutlery, razors, and sidearms.
Class 9 Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.

Class 10

 Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.

Class 11

 Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.

Class 12

 Vehicles and apparatus for locomotion (in/by land, air or water)

Class 13

 Fireworks, Firearms, Explosives, and ammunition (also projectiles).

Class 14

 Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.

Class 15

 Any Musical Instrument

Class 16

 Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paintbrushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.

Class 17

 Rubber, mica, gutta-percha, asbestos, gum, and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).

Class 18

 Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.

Class 19

 Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.

Class 20

 Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.

Class 21

 Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.

Class 22

 “Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).

Class 23

 Threads and Yarns (textile use).

Class 24

 Textile and their goods; bed covers and table covers.

Class 25

 Footwear, clothing, and headgear.

Class 26

 Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.

Class 27

 Mats, rugs, carpets and matting, linoleum, and other similar materials used for covering existing floors and also wall-hangings which are non-textile

Class 28

 Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.

Class 29

 Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).

Class 30

 “Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.

Class 31

 Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals

Class 32

 Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.

Class 33

 Alcoholic drinks (excluding beers).

Class 34

 Smoking articles, Tobacco, and matches.

Class 35

 Business Management; advertising; business administration and other office functions.

Class 36

 Financial affairs, Insurance; Monetary affairs; real estate affairs.

Class 37

 Repair, Building construction, Installation Services.

Class 38

 Telecommunications

Class 39

 Packaging and storage of goods; Transport.

Class 40

 Treatment of Materials.

Class 41

 Providing training; Entertainment; sporting; Education and other cultural activities.

Class 42

 Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their design.

Class 43

 Services related to providing drinks and food or temporary accommodation.

Class 44

 Any kind of Medical services (including Veterinary, hygienic, and beauty services) both for humans and animals; horticulture, agriculture, and forest services.

Class 45

 Legal and security services; personal and social services.

Why is Trademark Search Necessary?


Trademark search is very advantageous at many steps of your trademark registration process. The following are the benefits of a trademark search:

Trademark Portfolio Management


Trademark portfolio management indicates the management of application from the beginning to the end of it. The portfolio includes certain activities that include

Trademark Infringement


In case one uses a registered trademark without the authorization of the trademark owner, then it is considered trademark infringement. It is an offense under the Trade Marks Act,1999. Under this, the registered trademark owner can issue a notice to the infringer to stop the use of the mark.

Even after this, if the infringement is continued, then action to cease all goods that violate the Trade Marks Act could be initiated. And the claim for the damages can be initiated.

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Frequently Asked Questions


A Trademark search is done to ensure that any trademark which an applicant wishes to register, does not cause a likelihood of confusion with an already applied mark. We at “LegalRaasta” offer free service of trademark search for you. We have the updated database for ease of the process and this is a hassle-free online process for you.

You can use our service of Trademark Search, by simply going to our site https://www.”LegalRaasta”.com/trademark-search/

Of course, at Trademark Search an initiative by “LegalRaasta”, we have provided a database to perform a trademark search online under various categories and classes of trademarks.

There are 2 steps in the process of conducting a trademark search: • First, you need to visit our website: https://www.legalraasta.com/trademark-search/ • Then you need to fill in the required details. Along with the query for our experts.

A trademark, which is also known as brand name, could be a word signature, label, name, device, numerals, or combination of colors used by a company on goods or services or any other articles of commerce. It is used to distinguish one company’s a product/service from another.

The requirements to register a trademark are: • The trademark should be capable of being represented graphically. • The trademark you use should be capable of distinguishing your goods and services from the other.

For this purpose, there are several online tools available. Through these tools, you can easily discover all the possible infringements of existing trademarks by your proposed trademark. Besides, you can also use our trademark search tool given above to find the trademark you are looking for.

Based on the following grounds, a trademark can be canceled: • If the mark is descriptive • If the mark is not distinctive • If the mark is misleading, deceptive, or disparaging • If the mark is functional • If the mark is generic • If the mark consists of a geographical indication • If the mark is against public policy or principle or morality • If the mark is used in a misleading manner • If the mark is prohibited in the jurisdiction • If the application for registration of the mark was made in bad faith • In case the trademark contains protected armorial bearings, flags, and other State emblems.

The starting date of the opposition period is the date on which the Trade Mark journal is made available to the public. It ends after 4 months (120 days) from the date on which the journal was made public. There is no extension to this date.

Anyone can oppose your trademark application.

You can go to https://www.legalraasta.com/trademark-search/

The following provides you the types of trademarks registered in India: • Any name (or surname) which is not unusual to be used as a trademark • Letters/numerals or a combination of both • Devices (fancy devices or symbols) • Monograms • A combination of colors or a combination of a single color with a word/device • Shape of goods or their packaging • Marks made up of 3-D design • Sound marks when represented in conventional notation or described in words by being graphically represented. • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of goods/services. • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use with particular goods or services.

After the mark is filed, an applicant may use the TM symbol and after the mark is registered (R) is used. It is illegal to use (R) before getting your mark registered.

The following are the sources of trademark laws: • Trade Marks Act, 1999 • National bilateral treaty • Regional treaty • Decision of the courts • International multilateral convention • Office practice reduced in Manuals and guidelines and rulings of the Courts • Decision of Intellectual Property Appellate Board • Text books written by academician and professional experts

IP India Public search refers to the method of looking for trademarks that have already been registered by the registrar of trademarks. This kind of search is very crucial for the brands or companies who are seeking to register their trademark as it helps them to avoid all trademark infringements and it’s legal ramifications.

As a trademark search is important to identify the potential infringements of existing trademarks. For searching trademark in India, you can also avail of our free trademark search tool for a quick search for marks in your products or services category.

It is written under section 29 and section 30 of the Trademarks Act,1999, regarding the conditions for a violation as well as non- violation of any trademark.

You can do a Trademark registration number search by many free tools that are available online. You can also check the above for our free trademark search tool.

Every registered trademark with the trademarks registry is valid for a specific period of 10 years. Afterward, it has to be renewed with a fee.

The process is quite comprehensive and involves many proceedings, hearings as well as objections. Moreover, the process can be taken place anywhere from 20-24 months. On the other hand, a trademark application number is issued within 7 working days of filing a trademark application.

There are mainly three things that must be kept in mind at the time of the trademark electronic search system database: 1. What the database includes? 2. How to construct a complete search? 3. How to interpret the search results?

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