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A trademark search is typically performed to see if a particular trademark has already been registered. The search can be done on the government’s Indian Trademark Registry database or on a website run by a third-party service provider.
This type of search allows you to retrieve trademarks that use the same word as that of the query entered.
In some cases, a trademark may contain the same visual elements as that of other companies. It would be difficult to search for such marks. India is a member of the Vienna convention, so it follows the international classification for the same.
The phonetic search interface is used in the case of similar-sounding trademark words. It is a useful type of search as it sometimes provides results having a different spelling but a similar sound.
The NICE classification divides trademarks into 45 different groups. 34 of the items are classified as products, while 11 are classified as services. Because each class represents a distinct category of products and services, you should select the appropriate class for your trademark. Once you've chosen a category/class for your goods/services, the process will begin.
| Class | Details |
|---|---|
| Class 1 | Any kind of Chemicals which are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances. |
| Class 2 | Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants |
| Class 3 | Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics |
| Class 4 | All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks. |
| Class 5 | Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin. |
| Class 6 | Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes and other small metal hardware, also ones are included |
| Class 7 | Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs) and agriculture machines (hand operated not included). |
| Class 8 | Hand tools, cutlery, razors and side arms. |
| Class 9 | Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus. |
| Class 10 | Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included. |
| Class 11 | Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus. |
| Class 12 | Vehicles and apparatus for locomotion (in/by land, air or water) |
| Class 13 | Fireworks, Firearms, Explosives, and ammunition (also projectiles). |
| Class 14 | Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments. |
| Class 15 | Any Musical Instrument |
| Class 16 | Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paint brushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging. |
| Class 17 | Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals). |
| Class 18 | Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins and traveling bags; parasols, umbrellas and walking sticks also harness and whips. |
| Class 19 | Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal. |
| Class 20 | Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class. |
| Class 21 | Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware. |
| Class 22 | “Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous). |
| Class 23 | Threads and Yarns (textile use). |
| Class 24 | Textile and their goods; bed covers and table covers. |
| Class 25 | Footwear, clothing, and headgear. |
| Class 26 | Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers. |
| Class 27 | Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile |
| Class 28 | Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees. |
| Class 29 | Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk and its products, oil (edible). |
| Class 30 | “Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice. |
| Class 31 | Products from agriculture, forest and horticulture and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals |
| Class 32 | Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages. |
| Class 33 | Alcoholic drinks (excluding beers). |
| Class 34 | Smoking articles, Tobacco, and matches. |
| Class 35 | Business Management; advertising; business administration and other office functions. |
| Class 36 | Financial affairs, Insurance; Monetary affairs; real estate affairs. |
| Class 37 | Repair, Building construction, Installation Services./td> |
| Class 38 | Telecommunications |
| Class 39 | Packaging and storage of goods; Transport. |
| Class 40 | Treatment of Materials. |
| Class 41 | Providing training; Entertainment; sporting; Education and other cultural activities. |
| Class 42 | Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their design. |
| Class 43 | Services related to providing drinks and food or temporary accommodation. |
| Class 44 | Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture and forest services. |
| Class 45 | Legal and security services; personal and social services. |
Trademark search is very beneficial during your trademark registration process. The following are the benefits of a trademark search:
The requirements to register a trademark are:
• The trademark should be capable of represented graphically.
• The trademark you use should be capable of distinguishing your goods and services from the other.
For this purpose, there are several online tools available. Through these tools, you can easily discover all the possible infringements of existing trademarks by your proposed trademark. Besides, you can also use our trademark search tool given above to find the trademark you are looking for.
On the basis of the following grounds, a trademark can be cancelled:
• If the mark is descriptive
• If the mark is not distinctive
• If the mark is misleading, deceptive or disparaging
• If the mark is functional
• If the mark is generic
• If the mark consists of a geographical indication
• If the mark is against public policy or principle or morality
• If the mark is used in misleading manner
• If the mark is prohibited in the jurisdiction
• If the application for or registration of the mark was made in bad faith
• In case the trademark contains protected armorial bearings, flags and other State emblems
The starting date of the opposition period is the date on which the Trade Mark journal is made available to the public. It ends after 4 months (120 days) from the date on which the journal was made public. There is no extension to this date.
Anyone can oppose your trademark application.
Every registered trademark with the trademarks registry is valid for the specific time period of 10 years. Afterward, it has to be renewed with a fee.
The following list provides you the sum total types of trademarks which can be registered in India:
• Any name (or surname) which is not unusual to be used as a trade mark
• Letters/numerals or a combination of both
• Devices (fancy devices or symbols)
• Monograms
• A combination of colours or a combination of a single colour with a word/device
• Shape or goods or their packaging
• Marks made up of 3-D design
• Sound marks when represented in conventional notation or described in words by being graphically represented.
• An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of goods/services.
• The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
After the mark is filed, an applicant may use TM symbol and after the mark is registered (R) is used. It is illegal to use (R) before getting your mark registered.
The following are the sources of trademark laws:
• Trade Marks Act, 1999
• National bilateral treaty
• Regional treaty
• Decision of the courts
• International multilateral convention
• Office practice reduced in Manuals and guidelines and rulings of the Courts
• Decision of Intellectual Property Appellate Board
• Text books written by academician and professional experts
The process for in India is a quite comprehensive and involves many proceedings, hearings as well as objections. Moreover, the process can be taken place anywhere from up to 20-24 months. On the other hand, a trademark application number is issued within 7 working days of filing a trademark application.
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