Trademark Search in India

The trademark search process must be completed for sure before applying to register your trademark. There might be potential conflicts with the trademark you are about to register, so it is suggested that you check the existing or registered trademark applications. The process is very simple and it can be initiated using simple steps. The few details that the user has to fill in include the watermark and the class in which the good or service is included. The Trademark class represents a set of representations where the entire list of goods and services has been classified into 45 categories, 34 for goods and the rest 11 for services.

Trademark Search

It is important that your identity is unique and no one has a similar one. Before registering yourself as a holder of trademark, you need to make sure of some important points. Trademark search is one of them. The process of trademark search should be carried out with utter accuracy before filing a trademark application to the Registrar. The process is carried out to determine any conflict with those trademark applications that are already registered.

The Government of India helps through its official portal fetch a report for trademark search. Once you visit the official website of the trademark registration in India, you can fill out the details such as the watermark and the class under which the search has to be carried on.

Trademark Database

The portal for trademark registration as offered by the government of India, contains an entire database that supports the trademark search in India. The entire process of trademark registrations and the record of registered trademarks is maintained and controlled by the Controller General of Patent Designs and Trademarks.

The website offered by the above department can be used both by professionals and non-professionals. The database consists of all the trademark applications submitted to the Registrar which can be registered, expired, objected, or applied. The search of the above database helps in providing relevant information in regards to the search query.

The trademark public search portal looks as follows:

Procedure for Trademark Search

The procedure for trademark search is as follows :

• Search Type: Select the Wordmark as the search type. The option is available at the top of the page.
• Select the Wordmark: The online platform offers a search in three categories against which the trademark database can be compared. The categories are :

1. Start with: To display all the trademarks from the database and start with the entry in the search tab.
2. Contains: To display all the trademarks from the database that contains the entry in the search tab.
3. Match with: To display all the trademarks from the database that match with the entry in the search tab.

• Select class: The trademark database is divided into 45 classes that represent different goods or services.
• Click on the search tab

Understanding Trademark Search Result

The trademark search result of one of the companies has been stated below. It might be difficult to understand the results of the trademark search. The same has been tried to make easy for the readers.

By entering the details such as wordmark and class type for the company “Camlin” and class as 16 (for stationery), we get the above results. The following points should be noticed :

• The page will display all those results with their name starting with “Camlin”.
• Selecting the option “show details”, will display all the details about the trademark and the company details.
• The details of the trademark application include the trademark application number, date, information of the owner, validity date of the trademark, and the trademark used since the date and a description.
• Search brings up a lot of matches by the name of “Camlin”. The status of the implications is important to know the trademark details.
• If the trademark search results return “no matches found” then there are no registered or applied trademarks that match with the query information.
• It is important that the trademark that is to be registered is unique and does not match the existing trademark.

The trademark search result provides the following information.

Trademark Search Results

Once the category is selected and any company name is searched for on the search page, the portal displays a list of all the trademarks that start with that name. The list has several details about the trademark application in the database.

Classes of Trademark Search

The various goods and services offered by the companies are categorized into 45 classes provided below. For example, the tools required for machines and the improvement of the efficiency of the machines are listed in Class 7 of the Fourth Schedule of Trademark Rules.

The Fourth Schedule to Trademark Rules, 2002 offers to categorize the trademarks of the goods and services into the following 45 categories or classes. The goods have 34 classes and the services have the rest 11 categories. These are as follows :

For Goods:

Class 1. Chemicals used in industry, science; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry

Class 2. Paints, varnishes, lacquers;

Class 3 . Bleaching preparations and other substances for laundry use; cleaning;

Class 4. Industrial oils and greases; lubricants;

Class 5. Pharmaceutical; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides

Class 6. Common metals and their alloys; metal building materials;

Class 7. Machines and machine tools; motors and engines (except for land vehicles);

Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling;

Class 10. Surgical, medical, dental, and veterinary apparatus and instruments;

Class 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply, and sanitary purposes

Class 12. Vehicles; apparatus for locomotion by land, air, or water

Class 13. Firearms; ammunition and projectiles;

Class 14. Precious metals and their alloys and goods in precious metals

Class 15. Musical instruments

Class 16. Paper, cardboard, and goods made from these materials, are not included in other classes;

Class 17. Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials

Class 18. Leather and imitations of leather, and goods made of these materials and not included in other classes;

Class 19. Building materials, (non-metallic), non-metallic rigid pipes for building;

Class 20. Furniture, mirrors, picture frames;

Class 21. Household or kitchen utensils and containers(not of precious metal or coated therewith);

Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classes) padding and stuffing materials(except rubber or plastics); raw fibrous textile materials

Class 23. Yarns and threads, for textile use

Class 24. Textiles and textile goods, not included in other classes; bed and table covers.

Class 25. Clothing, footwear, headgear

Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)

Class 28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29. Meat, fish, poultry, and game; meat extracts; edible oils and fats

Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;

Class 31. Agricultural, horticultural, and forestry products and grains not included in other classes;

Class 32. Beers, mineral and aerated waters,

Class 33. Alcoholic beverages(except beers)

Class 34. Tobacco, smokers’ articles, matches

For Services:

Class 35. Advertising, business management;

Class 36. Insurance, financial affairs;

Class 37. Building construction;

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Treatment of materials.

Class 41. Education; providing of training; entertainment; sporting and cultural activities.

Class 42. Scientific and technological services and research and design relating thereto;

Class 43. Services for providing food and drink; temporary accommodation.

Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals;

Class 45. Legal services; security services for the protection of property and individuals;

Conclusion

At Registration Arena, we are continuously available to help you with trademark search and trademark registration. Trademark Search in India can be done through Registration Arena in all major cities including Hyderabad, Mumbai, and New Delhi, Chennai, Kolkata & all other Indian cities. It takes 7-12 working days on average to complete registration, subject to the government processing time and the client document submission.