It’s essential to make sure you have a unique name, or mark, before you launch another brand, product, or company. A trademark law is also important to know from a legal perspective. If you choose a mark that another person has just been using, you may be sued for trademark infringement. Make sure that your trademark isn’t confusingly similar to an existing mark, as this can also be grounds for trademark infringement.
So where do you start with a trademark search?
The Intellectual Property Trademark Office (IPIndia) is a good place to start searching for registered trademarks online. This will provide you with information about registered trademarks or pending trademark applications. However, makes a trademark search that tests whether a trademark can be established by authentic use – implying that some legitimate trademarks are not registered with IPIndia.
To determine whether a trademark has been registered, the first step is to conduct some online research. You can use vakilsearch’s trademark search engine to find companies that have a similar name to your primary concern. You should seriously consider choosing another mark if someone else is already using yours.
Look for companies or products that are similar to your expected mark as well. For example, you can request your mark in the plural, and with improved in an alternate request, and so on. In the event that there is a similar, but not identical, mark, you may still be safe if the product is totally unique or if there is no way they can be confused. However, be cautious. Consider whether another mark could be confused with yours before investing in product marketing or branding.
Following an online search, you should search through existing trademarks and trademark applications if you believe no one else is using your mark. Visit IPIndia’s Trademark Search System to find related marks. As with your previous online search, follow the same guidelines when searching Trademarks: verify that the correct mark has been registered, and search for variations. Try searching in a variety of ways to be thorough. The objective is to discover nothing, so you can’t do what’s necessary to ensure your mark is unique.
Legal counsel isn’t necessary when selecting or registering your mark, but it’s a smart idea. In investing time, cash, and reputation in your brand, you don’t want to lose it later due to trademark infringement. With the help of a trademark legal advisor, you can find out whether different trademarks are confusingly similar, search for the trademark, and register it with IPIndia.
Vakilsearch Trademark Application Filing provides a great way to deal with the trademark process so you get the job done right the first time!