Identical Trademark in India – Trademark Search in Chennai
Identical Trademark in India
Trademark search is a key and sometimes overlooked aspect of trademark protection. The purpose of a trademark search is to identify risks and liabilities associated with choosing a name for a product or service.Without the purpose of searching, you run the risk of infringing on someone else’s rights, which may prevent you from using a name that has cost you considerable resources. In the worst case scenario, you are responsible for the loss of money for using someone else’s trademark. Trademark search in Chennai can also help show how strong or weak the desired mark is, depending on how many people use a similar mark. Identical Trademark in India – Trademark Search in Chennai is what we are going to be discussed here and mentioned the required documents .
The trademark provides protection to the owner of the mark by affirming the exclusive right to identify the services or services of the search object or to authorize another to use it in lieu of payment. The protection period varies, but the trademark is renewed indefinitely beyond the time limit for which the additional fee is paid. Trademark search in Chennaistates that while trademark protection is enforced by the courts, most systems have the power to prevent trademark infringement.
In a big sense, trademarks promote initiative and organization around the world by rewarding trademark owners with recognition and financial benefits. Trademark protection also prevents counterfeiters’ attempts to use such distinctive codes to market inferior or different products or services, such as counterfeits. This system enables those with expertise and organization to produce and market goods and services in the best possible conditions, thereby facilitating international trade.
What is Identical Trademark in India
Trademark search in Chennai states that the Trademarks Act, 1999 speaks of identical or similar marks. If the new trademark received by the registrar for registration is the same as the already registered trademark, in that case the new trademark will not be entered. The trademark is still considered identical or similar unless there are significant differences that are not recognized.
Some bullet points have been considered to compare the two marks for similarity as it is not so easy to come up with an attractive and unique trademark name:
- The ability of the average person to distinguish between two products, i.e. imperfect memory;
- The problem of whether there is any confusion in distinguishing marks with respect to their phonetic, visual and structural identity; And
- The most basic thing in comparing between two marks is that the products should be compared as a whole and not broken down and then compared.
Trademark search in Chennai states that with the exception of Section 12 Section 11 of the Trademark Act, 1999, you can apply for a trademark even if you already have a similar or similar trademark under this section. Decision-making power rests with the registrar who decides whether the respondent has an honest or concurrent use of the trademark.
Benefits of Trademark search in Chennai
Believe it or not, many entrepreneurs find it challenging to choose a brand for their business. Not because they did not come up with new names, but because they came up with any names, quick trademark search did not reveal that they were being used too often by anyone or anyone else. And, even if it is not used in practice, finding a .com domain can be a challenge for some.Practically you cannot do much about .com availability. However, making sure when you think of a trademark or brand name for your business, service or product; Trademark search in Chennai states that it is free from trademark related issues. Not only does it limit you to a quick trademark search, do a thorough search for such trademarks to make sure your trademark does not infringe on someone else’s trademark rights.
The first step in avoiding trademark conflicts is to conduct a full and comprehensive clearance search for trademarks (or brand names, trade names, company names, etc.) to ensure that any related trademark issues are eliminated to a greater extent.Trademark search in Chennai is ideally done before accepting a trademark and investing in a brand and includes the steps to review all similar trademarks that are registered, in the registration process or in use. However, you can do this in the next step if you do not know that the trademark you are using is not clear from any differences.
Trademark search in Chennai states that although it is practically impossible to search indefinitely for similar trademarks, a search in the following search databases is recommended to ensure that 99% of all possible conflict situations do not arise before leading to any legal difficulties:
- Trademark Public Search on the Indian Trademark Office website
- Company / LLP name search on the Ministry of Corporate Affairs (MCA) website
- International applications employing India under the Madrid Protocol
- Simple legal search
Ideally, such trademark searches or trademark registration searches should be done by trademark attorneys and / or agents, but before you choose your brand name (or file for trademark registration) and mentally attach to it forever. If you need professional assistance with the search or filing and prosecution of a trademark, you should definitely seek help.
Steps in Trademark search
To search for a trademark in India, you must visit the Official Site of the General of Patents, Designs and Trademarks. You can search in two ways:
Word mark Search: For representation of similar word marks. The steps to do this are as follows:
Step 1: After opening the official website, select the search type ‘Word mark’ at the top of the webpage
Step 2: In the box next to the ‘Start with’ box, enter the word mark you want to search for.
Step 3: Determine the class from 1 to 45 where your products or services fall.
Step 4: After entering the appropriate class, click on ‘Search Options.’ A report will be generated showing all similar trademarks and trademark applications.
Step 5: Trademark search in Chennai states that select the ‘Show details’ option. It displays all the information such as application number and date, owner details and trademark status, authenticity and description.
Step 6: Click on the ‘Trademark’ button and then click on the ‘Report’ option to save the specific trademark application details.
Sound search: Trademark search in Chennai states that for the representation of phonologically similar words. It includes a wide range of trademark search, which assures the user that there is no such mark in terms of mark’s noise. Almost every step to do a phonetic search is the same as a word mark search except for step 1, where you must select the search type ‘phonetic’ at the top of the web page.