Table of Contents
What is a trademark?
Trademark is a symbol, word, phrase, or design that distinguishes products from those of others. Trademarks help consumers to identify and choose products they trust. Trademark registration provides legal protection, preventing others from using similar marks in a way that could confuse consumers. It's a way to safeguard their brand identity and reputation.
What is a trademark search?
A trademark search is an important step before registering a new trademark. It helps in investigating existing trademark to identify potential conflicts or similarities in the market before registering a trademark. This helps in making informed decisions and avoiding infringement on existing brands, ensuring the protection and integrity of your own brand. By conducting this search, businesses make informed decisions, protecting their brand integrity.
Benefits of a Trademark Search
- It ensures legal compliance and prevents infringement of trademark laws.
- It helps in checking availability in selecting a unique trademark, preventing duplication and similarity with existing trademarks.
- It establishes proper trademark classification, ensuring uniqueness and clarity.
- It helps in preventing violations of relevant laws associated with trademarks.
- It helps to proactively avoid conflicts through thorough search.
Types of Trademark Searches
There are three main types of trademark searches:
| Wordmark Search | This involves searching for specific words that are part of the mark name which can be search by typing the word and selecting the appropriate class for your products or services. Options like 'Start With,' 'Contains,' or 'Match With' help refine the search. |
| Phonetic Search | A phonetic search looks for words that sound similar to your mark name. It helps to reduce confusion by ensuring that the mark is distinct from others in the market. This search method is similar to the wordmark search but focuses on phonetic similarities. |
| Vienna Code Search | This type of search is used specifically to find trademarks with the same device or graphical element. You need to input the six-digit Vienna code associated with the device and select the relevant class. The search results display marks that share the same graphical representation. |
Process to Conduct the Trademark Search
- Visit the Trademark Registry's website at https://ipindia.gov.in/.
- Click on the "Trademarks" tab -> "Related Links" -> "Public Search."
- Choose the search type: "wordmark" or "Vienna code."
- Select the search parameter: "starts with," "contains," or "phonetically similar."
- Enter the proposed trademark name in the search box.
- Input the relevant class number for the mark.
- Click "Search" to generate results.
Classes of a Trademark
According to the NICE classification of trademarks, which is an international classification of goods and services, there are :
| 45 Classes | Divided into 34 classes for goods (1-34) and 11 classes for services (35-45). It is essential step before trademark search, determines the appropriate class for the product or service. |
| Product (Goods) Classification | Classes 1-34 cover various types of tangible goods, from chemicals (Class 1) to furniture (Class 20) to pharmaceuticals (Class 5). |
| Service Classification | Classes 35-45 encompass different service sectors, such as advertising and business management (Class 35), building construction (Class 37), and medical services (Class 44). |
Based on the nature of the product or service being offered, ensuring accurate registration and protection and also helps to prevent misclassification, ensuring the trademark is appropriately registered for its intended use.
Different Trademark Classes
Trademark classification of goods
| Class | Description |
| Trademark Class 1 | Chemical industry, science, photography, agriculture, horticulture, and forestry; unprocessed plastics; chemical substances for preserving foodstuffs; |
| Trademark Class 2 | Preservatives against rust, paints, and varnishes; Preservatives used to prevent deterioration of wood, foil, and powder from metals, colorants, painters, artists, and decorators. |
| Trademark Class 3 | Substances for laundry use, bleaching preparations; cleaning; polishing; essential oils, cosmetics, soaps; perfumery, abrasive preparations; hair lotions; |
| Trademark Class 4 | Industrial oils and greases; candles, wicks; lubricants; fuels and illuminants, dust absorbing, wetting and binding compositions. |
| Trademark Class 5 | Pharmaceutical, fungicides, herbicides; veterinary and sanitary preparations; food for babies; disinfectants; dietetic |
| Trademark Class 6 | Common metals, alloys; small metal hardware products, building materials made of metal. Metal pipes and other goods which are not a part of other classes. |
| Trademark Class 7 | Machines and machine tools; machine coupling and transmission equipment; agricultural implements except those operated by hand; incubators for eggs |
| Trademark Class 8 | Manual hand tools and implements; side arms; razors; cutlery |
| Trademark Class 9 | Scientific, measuring, apparatus for recording, electric, photographic, data processing equipment and computers; transmission or reproduction of sound or visuals. |
| Trademark Class 10 | Dental and veterinary products; surgical, artificial limbs; medical, eyes and teeth; suture materials; orthopedic articles. |
| Trademark Class 11 | Apparatus for lighting, cooking, refrigerating, heating, steam generating, water supply and sanitary purposes; drying and ventilating. |
| Trademark Class 12 | Vehicles; products for movement by water, land, or air. |
| Trademark Class 13 | Firearms; explosives; fireworks; ammunition and projectiles |
| Trademark Class 14 | Precious metals, their alloys and products made from them; precious stones; jewelry; chronometric instruments and horological |
| Trademark Class 15 | Instruments used to make music. |
| Trademark Class 16 | Printed matter; stationery; Paper, cardboard, and goods made from these materials; brushes; plastic materials for packaging; typewriters and office requisites; |
| Trademark Class 17 | Insulating materials; flexible pipes; rubber, asbestos, plastics in extruded form for use in manufacture; mica and goods made from these materials; packing, stopping |
| Trademark Class 18 | Umbrellas, parasols and walking sticks; leather and imitations of leather; animal skins, hides, trunks and traveling bags; whips, saddlery; harness |
| Trademark Class 19 | Building materials, (non-metallic), non-metallic transportable buildings; non-metallic rigid pipes for building; asphalt, pitch, and bitumen; monuments. |
| Trademark Class 20 | Furniture, mirrors, picture frames; ivory, whalebone, shell, amber; goods of wood, cork, bone, mother-of-pearl, reed, cane, wicker, horn. |
| Trademark Class 21 | Kitchen utensils; unworked or semi-worked glass; combs and sponges; articles for cleaning purposes; earthenware and glassware |
| Trademark Class 22 | Awnings, tarpaulins, sails, sacks, ropes, string, nets, tents, raw fibrous textile materials; padding and stuffing materials(except of rubber or plastics) |
| Trademark Class 23 | Yarns and threads |
| Trademark Class 24 | Bed and table covers; Textiles |
| Trademark Class 25 | Clothing, headgear, footwear |
| Trademark Class 26 | Ribbons and braid; Lace and embroidery, buttons, artificial flowers; hooks and eyes, pins and needles |
| Trademark Class 27 | Carpets, rugs, wall hangings(non-textile); mats and matting, linoleum |
| Trademark Class 28 | Gymnastic and sporting articles; games and playthings; decorations for Christmas trees |
| Trademark Class 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, edible oils and fats; fruit sauces; eggs, milk and milk products |
| Trademark Class 30 | Coffee, tea, cocoa, sugar, rice, tapioca, mustard; vinegar; spices; ice sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt |
| Trademark Class 31 | Agricultural, horticultural, and forestry products and grains; foodstuffs for animals, malt; live animals; fresh fruits and vegetables; seeds, natural plants and flowers |
| Trademark Class 32 | Beers, mineral and aerated waters, non-alcoholic drinks; syrup; fruit drinks and fruit juices |
| Trademark Class 33 | Alcoholic beverages(except beers) |
| Trademark Class 34 | Tobacco, smokers' articles, matches |
Trademark classification of services
| Class | Description |
| Trademark Class 35 | Advertising, business administration, business management, office functions. |
| Trademark Class 36 | Insurance, financial affairs; monetary affairs; real estate affairs. |
| Trademark Class 37 | Building construction; installation services; repair |
| Trademark Class 38 | Tele communications. |
| Trademark Class 39 | Transport; travel arrangement; packaging and storage of goods. |
| Trademark Class 40 | Treatment of materials. |
| Trademark Class 41 | Education; entertainment; sporting and cultural activities; providing of training |
| Trademark Class 42 | Scientific, design, and technological services; industrial analysis and research services; computer hardware development. |
| Trademark Class 43 | Temporary accommodation; services for food and drink |
| Trademark Class 44 | Medical services, horticulture, and forestry services; veterinary services, hygienic and beauty care; agriculture. |
| Trademark Class 45 | Security services for the protection of property; personal and social services rendered by others. |
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