Trademark
Trademark is a distinctive indication that differentiates one’s products or services from those of competitors. With trademark registration, the owner gains the exclusive right to use the trademark for specific goods and services subject to certain conditions.
Trademark registration is available across 45 classes based on goods and services offered under the mark. This arrangement of documents for the classification of a trademark is done by the Trademark Lawyer and India Trademark Registry.
Trademark Search
A trademark search examines whether your Trademark is available for adoption. A Trademark Search will look distinctiveness of trademark and also for all currently registered trademarks and trademark applications before you submit your own application.
Searching for existing trademarks allows you to plan ahead of launching your products / services under the brand. The availability and registrability of the trademark applications are evaluated based trademark law, case precedents, and experiences of Trademark Lawyer and also on the existence of previously filed applications.
Why Trademark Search is Important
A thorough and effective trademark search reveals all confusingly similar trademarks that are previously registered, or prevalent in public domain, assessment of distinctiveness giving you the chance to choose a unique brand. This can save a lot of money on nonrefundable trademark registration application fees as well as corporate branding expenses.
A trademark search will increase the likelihood that your application will be approved for registration if you intend to submit an application for mark registration. The potential of confusion is just one of the many justifications given by authorities for rejecting trademark applications.
When two trademarks are identical and relate to the same or similar goods and services, confusion may arise. Consequently, the public would believe that the goods and services were provided by a single source, and the two brands would become diluted.
Conclusion
Businesses who find themselves dealing with trademark infringement may encounter challenges if they didn’t do a thorough trademark search. A company may be the target of legal action and cease and desist orders even if the purported breach was inadvertent. By alerting the applicant to any pre-existing identical or confusingly similar trademarks, a trademark clearance check can considerably lower the likelihood of the company receiving a demand or legal action from an earlier rights holder alleging violation of his trademark.
The brand would probably need to rebrand the business and/or products or services in cases where a competing trademark is found and the owner of the competing trademark claims his rights in order to resolve the problem and prevent legal action. Thus, prevention is better than regrets.
Edited by: Ms. Swarupa Ghosh, Advocate
Authored by: Ms. Sumaiyah Fathima, Advocate
Source: WIPO, IPINDIA, Court Cases