Professional Documents
Culture Documents
Trademark search is basically know-out search which allows company to determine whether
their particular Mark is in use by any company or not, whether its used by similar industry or
not. Its ideally made prior to adaption of TM. This is to avoid future disputes.
- Phonetic – When searches are similar in sound with the mark you proposed. Results
aren’t exact but relevant to mark, highly recommended search. Eg. - search for
‘LOVEKART’ in class 25 under phonetic search gives over 20 results with a few
slightly similar marks like Love-care. Many of the results are not that relevant but
sometimes the phonetic search results in magically relevant results. So it is worth
spending some extra few minutes to be sure.
- Vienna code – Visual elements, logos, designs can also be searched, filed in India, being
member of Vienna convention.
STEPS-
Make a list of key words, relevant or close to mark you want to register. To acquire TM
for, ‘LawSome’ the list will have all the words that are similar to key word, ‘law’.
The Indian trademark system is divided into 45 classes. In some instances, your goods /
services may fall under more than one class. So, its a good idea to protect your business in
each of the classes. However, if you are lacking on funds, and looking to protect in the core
class, it is still recommended to perform a search in all the classes to ensure that the chances
of future conflict are minimized.
Above image is the search results for the keyword, ‘law’.
3. Wordmark search-
On above link of government’s database, you can search with type- Wordmark, enter your
keyword and the class your product falls under and Search! This will take you to related
results. You can repeat searching similar words.
Computer generated searches will show the relevant mark, its proprietor and address, status
etc. Print those results, for future references.
4. Phonetic search –
Just by putting ‘Phonetic’ in search type you can look for phonetically similar marks to
yours. It will require a little effort to come to relevant results.
5. Now gather and categories all your relevant searches, evaluate them with your proposed
mark. How many of those are-
Exactly matching, Very similar, Similar, Not similar, Not relevant
Categories your searches under one of the above, if you got many under not similar and
irrelevant columns, your mark has lower similarity value.
To perform a through trademark clearance search, it is equally important to not only rely on
the Trademark Registry’s database, as many of the trademarks in use may not have been filed
for registration with the trademark office. For a through clearance search, it is recommended
to perform a trademark search on other databases.
As the International Registration of marks on 8th July, 2013; thereby allowing foreign
trademark owners to cost effectively and easily protect their trademark portfolios.
Since, India can now be designated during international filings, it is important to ensure that a
search for international trademark designating India is also performed during the trademark
clearance search process to avoid any complications subsequently.
https://www.wipo.int/pressroom/en/articles/2013/article_0008.html
Sample search report-
1309 PRAGATI
PANKAJ TOWER 26
LAW
1954133 45 1694 KUMAR RAJENDER Registered
FORTE
HASIJA PLACE NEW
DELHI-08
APPLICATION DATE :
USER DATE : 28/08/2006
21/04/2010
APPLICATION DATE :
USER DATE : 16/06/2008
25/06/2010
PROPRIETOR
M/s LAW DESK
INDIA,
LAW
MUNDOL,
DES BUSHRA
20307 4 169 PADENKAD Register
K MARIYA
34 5 0 .P.O.,KANHAG ed
INDI MA
AD,
A
KASARGOD
DISTRICT,KERA
LA STATE
APPLICATION DATE :
USER DATE : 05/04/1999
29/09/2010
4, SHANKAR
DHARA,
VITHALBHAI
LAW
2124359 45 --- NEIL MANDEVIA ROAD, VILE Abandoned
SCRIBES
PARLE (WEST),
MUMBAI-400
056
APPLICATION DATE :
USER DATE : 01/03/2011
01/04/2011
GOODS/SERVICES : LEGAL SERVICES
N - 31-B,
JANGPURA
LAW FOR
K.G. BHAGAT & EXTENSION,
2227952 45 PEACE --- Objected
CO. NEAR EROS
(LABEL)
CINEMA, NEW
DELHI - 110014
APPLICATION DATE :
USER DATE :
02/11/2011
529/1,
SHRADDHA
CHAMBERS,
NEAR
RAMAKRISHNA
PRAJOT MATH,
LAWgically
2298097 45 1807 PRAKASH DANDEKAR Registered
Partner
TUNGARE BRIDGE,
SINHAGAD
ROAD, PUNE
411030,
MAHARASHTRA,
INDIA
APPLICATION DATE :
USER DATE : 01/03/2012
13/03/2012
APPLICATION DATE :
USER DATE : 26/05/2012
28/05/2012
C-1/A
Gulmoh
ar Park
DUSHY (Basem
2432 4 LawT 16 Regist
ANT ent),
441 5 ree 18 ered
ARORA Delhi
110048,
Delhi
NCR
APPLICATION
DATE : USER DATE : 10/12/2011
23/11/2012
GOODS/SERVICES : LEGAL SERVICES, PROVIDE LEGAL ASSISTANCE, PROVIDE LEGAL ADVICE, LEGAL
FRAMEWORK, OBTAINING JUSTICE AND OTHERS UNDER CLASS 45
APPLICATION
DATE : USER DATE : 01/06/2010
12/06/2013
FLAT.NO.7, 3RD
FLOOR,
MAHALAKSHMI
LAW FLATS (STAGE-
VISION -- I), NO.2,
2614031 45 N.VIJAY BASKAR Abandoned
Progress - LAKSHMI
Lawfully STREET, WEST
MAMBALAM,
CHENNAI - 600
033
APPLICATION DATE :
USER DATE : 14/02/2013
18/10/2013
APPLICATION
DATE : USER DATE : 29/10/2014
24/11/2014
GOODS/SERVICES : LEGAL AND ALLIED SERVICES WITH DUE DILIGENCE IN COMPLAINCE INCLUDED
NO.10/1,
1ST FLOOR,
SERPENTIN
E ROAD,
LA KUMARA
301438 4 W 186 NAVEE PARK Registere
3 5 & 9 N TAO WEST, d
LIFE BANGALOR
E - 560
020,
KARNATAK
A, INDIA
APPLICATION DATE :
USER DATE : 01/05/2015
23/07/2015
APPLICATION DATE :
USER DATE :
19/04/2016
GOODS/SERVICES : Class 45. Legal services; security services for the protection of property
and individuals; personal and social services rendered by others to meet the needs of
individuals.
APPLICATION DATE :
USER DATE : 04/08/2016
31/08/2016
Now when searched about marks Containing my proposed mark and with the class of my
services, i.e. 45th class following results came.
Search Criteria : Wordmark Search String : Lawsome Class : 45 Search Date : 28-Aug-2021
Therefore, we can analyse that our proposed mark i.e. ‘Lawsome’ has more than 100
similar matches but only one exact similar match, which user’s details are given above.
Importance of search report
• It will continue to save your time and effort even after the registration process is done.
For instance, let’s say that you have registered your trademark, but afterwards there is
some infringement and so it is liable for revocation. This could be avoided if you have
done a trademark research.
• The search would let you know that your brand is different and attractive enough to
attract customers. It will create a sense an exclusivity to your brand.