A Trademark Search is conducted prior to registration of one’s Trademark to ensure that no existing Trademarks similar to it exist on the public domain. It determines whether a proposed Trademark is available for use in connection with certain goods or services. A Trademark search becomes useful when any individual, company or entity is looking for information about the existing Trademarks in the market or any similar mark which would help them avoid infringement of Trademark or any overlap.
Trademark search also assists the owner/Applicant to develop and conceptualize their mark as per the product or services. Such an exercise is conducted to avoid confusion and infringement of the already registered Trademarks.
WIPO (World Intellectual Property Organisation) has created an internationally recognized classification of goods and services known as Nice Classification which ranges from classes 1 – 45. These classes help an individual to search the Class under which their Trademark or service mark will fall.
Different approaches in Trademark Search
Under this, the search is conducted by using the name of the product, its class or description. Once the category or class is selected one can search the Trade Mark using keywords like “Cola” “Crocin” etc. Once the keywords and category are typed in the relevant search engines, the search will show all the Trade Marks that are registered/existing with the word mark.
2.Vienna Classification
Vienna Code search is performed to find a similar artistic mark or device(logo) in accordance with the categories under vienna classification, which ranges from category 1-29. It classifies elements in a logo, based on the logo/artistic image they represent. This can be used to find logos with similar designs and to ensure that a logo is original in its artistic representation by making any necessary changes if required.
3.Phonetic and word similarities
This type of search assists in finding a Trademark with similar sounds or syllables which can create confusion in the mind of a consumer. Any mark (word on device) if it sounds similar can create confusion among the general public and such similarities can be ascertained with a Trademark search.
4.Visual Similarity
This type of search helps ascertain marks which may sound very similar to a proposed mark and are capable of creating confusion among the general public.
A Trade Mark Search is considered a necessary exercise for brand owners as it helps one avoid potential concerns or obstacles in the successful filing of a Trade Mark. For more information on Trademark search, contact us on [email protected]