India is gradually becoming a rearing ground for start-ups. With more start-ups becoming unicorns, it is really important to maintain the identity of one’s business. The identity of business vests in its name or logo it uses to distinguish itself from other businesses out in the global market.

Before identifying one’s business with a name or logo, it is important to conduct a trademark search to avoid frivolous litigation and maintain one’s exclusivity.

What is a trademark?

Section 2 (1) (zb) of the Trade Marks Act, 1999 defines the expression ‘trademark’ as:

‘…a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours…’.

Therefore, the characteristics of a trademark are:

i) Capable of graphical representation,

ii) Capable of distinguishing one’s goods/services from those of others,

iii) Includes shape, packaging, a combination of colours, and so on.

Moreover, a colour, sound, and even the tagline of a brand can also be registered as a trademark at times.

Why a trademark search should be conducted?

It is important for the new businesses to get their trademarks registered so they can be distinguished from the already existing businesses.

However, the first step before applying for registration of a trademark is a clearance check on all the trademarks in every relevant form, to ensure that the new business does not apply for a trademark that is deceptively similar to a trademark already registered with another business.

The check should involve scrutiny of the already registered trademarks, trademarks in the registration process, and the well-known trademarks as well.

Types of trademark search

In India, there are three types of trademark search, which are as follows:

i) Wordmark,

ii) Vienna Code, and

iii) Phonetic.

How to conduct a trademark search?

The process to conduct a trademark search is an easy and hassle-free process.

Step 1: Go to the trademark database of India website: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Step 2: In the ‘search type’ menu located at the top of the page, select ‘Wordmark’.

Step 3: Type the ‘wordmark’ you want to search on the database.

Step 4: Select the appropriate class for the wordmark. In total, there are 45 classes of trademarks, each of which represents a distinct group of goods and services. Classes 1-34 are concerned with different types of goods whereas classes 35-45 are concerned with different types of services.

Step 5: Click on the ‘Search’ tab.

Thereafter, the results will appear and each result can be looked into to avoid filing for a trademark deceptively similar to another one.

Conclusion

A trademark protects the identity of a business. It helps the consumers to distinguish goods and services provided by one business from those of others. It is, therefore, important to conduct a trademark search before applying for the registration of a trademark. It prevents the concerned business from frivolous litigation that may arise from unintentionally applying for trademarks that are deceptively similar to others. A trademark search is a hassle-free process and can be conducted by anyone.