A trademark is an important property right. It identifies or
distinguishes you from others A trademark can be a name, logo, shape, business
attire, sound, and smell, basically anything that identifies the source of the
product or service.
A trademark can be defined as any mark that is used with the
goods for the purpose of indicating, or among those who have the right to
indicate a connection between the goods during the trade and the owner of the
use of that mark.
According to Section 2 of the Trademark Act 1999, a
trademark represents a mark that is capable of being presented graphically.
This can separate a person’s goods or services from others and include the size
of the goods, their packaging and color mix.
Categories of a Trademark:
According to the NICE classification of trademarks, which is
an international classification of goods and services, there are 45 classes
that are divided into 1 to 35 for goods and 36 to 45 for services. Before
looking for a trademark, a class search is needed to determine which category
the product belongs to.
Here are some steps to check a Trademark Registration:
- Log in to the official trademark registration website in India: https://ipindiaonline.gov.in.
- Click on the trademark tab and then click on public search
- There are 3 search criteria - Word mark, Vienna Code, and Phonetic.
Upon selecting each
criterion, the key fields change as listed below:
|
Criteria
|
Identification of field
|
|
Word mark
|
Word mark,
class, product description
|
|
Vienna Code
|
Vienna Code,
Category
|
|
Phonetic
|
phonetics,
class, description of goods
|
- Once all the details are entered, you have to click the search button.
- The results panel will display a list of registered or objectionable or discarded trademarks that will serve as the basis for decision-making on the trademark.
The Importance of Finding a Trade Mark:
- It's always better to be safe than
sorry Trademark search will avoid violations of applicable laws.
- Availability is an important
criterion when deciding on a trademark that will avoid any duplication.
- It is important not only to be
unique to the trademark, but also to have a correct trademark classification.
- Every possible confusion can be
avoided by a careful search.
Needs to be aware of important tools:
The following tools are available on this website
https://ipindiaonline.gov.in.
Category Description:
It is a search tool to find out which category a particular
product belongs to based on the type of product. Search is available in various
languages.
Famous symbols:
This is a list of all the well-known signs determined by all
the authorities.
Prohibition signs:
It provides a list of all brands that cannot be used in a
single trade mark. Using any of these will reject the application of a
trademark Examples: Mahatma Gandhi, ISO, National, etc.
Vienna Code
Classification:
It provides details of the international classification of
the symbolic components of the mark that are required for trademark
verification in the Vienna Code Search Criteria. It is absolutely necessary to
find a trademark before the same registration. If all the boxes are ticked
beforehand, the registration process will be smooth and easy.
What is the function of a registered Trademark?
- The function of a registered
trademark is to provide information to the buyer or potential buyer:
- About the production or quality of
the product.
- Where the source of the goods
comes from.
- Commercial hands through which
they go to the market.
Trademark registration in India has become very important
now as many online buyers and sellers websites like Amazon, Flipkart, Snap deal
have made it mandatory to register on any account, it will have a trademark
application in India. In addition to this trademark, wine licenses and
medicines are now mandatory for label printing.
