How to conduct a TM Search in India

Updated on August 05, 2024 11:02:21 AM

A Trademark is a symbol or design that determines a brand's identity and makes it unique at the commercial level. It can be any symbol, shape, combination of colours, word, number or packaging style.

Trademark Registration is a crucial step for a business that wants to enhance its brand reputation in the marketplace. Before TM registration the applicant conducts a TM Search. This article will explore the complete process of conducting a TM search, and the benefits or advantages, that make an easier chance to be registered without any interruption.

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What is TM Search?

TM Search is a process to research and investigate the Trademark whether it is registered or not. Conducting a TM search in India gives clarification on the availability of the Trademark. It is the initial step of TM registration. It helps to avoid objection or opposition during the TM Registration process. The main goal of the TM search is to guide the applicant regarding their decision such as the selection and protection of the applied trademark.

Benefits of Conducting TM Search

There are many benefits of conducting the TM search before TM Registration in India that are given below:

  1. Avoid Trademark Infringement: Most brand names can be similar to one another, which may result in infringement during TM Registration. Before registering a trademark, conducting a TM search might help determine the mark's availability. This aid to select a confusing mark that can affect brand uniqueness in the market.
  2. Protecting the Investment: TM Registration involves lots of time, effort and money. During the TM Registration, there are many different charges to pay according to the stage of Registration. Not conducting a TM search before Registration can waste the applicant’s investment. It also prevents the applicant’s time and increases the chance of being selected earlier without any objection or opposition.
  3. Enhancing Brand Identity:Trademark is a key component to building a brand identity and reputation in the market and helps to stand out at the commercial level. It helps to give a distinct identity to the goods or services that serve and also distinguishes the business from its rivals. It makes higher chances to establish and enhancing the brand identity in future.
  4. Saving Time:Trademark Registration is a long process. It can take 6 months to 24 months from applying the trademark to register. If the applicant conducts a TM search before registration it makes a higher probability of being selected or registering as soon as possible.

Process of Conducting the TM Search

Conducting the TM search includes several steps that are mentioned below. By following these steps, the applicant gets an easier way to investigate the availability of their Trademark.

Step 1: Identify the Goods & Services

During the TM Search, the applicant has to identify the nature of their goods and service. In India, this classification comes under the Nice classification. According to the nice classification, there are a total of 45 classes that are distributed into two groups such as - the goods class ( class 1 to 34) and the Service class ( class 35 to 45).

Selecting appropriate classes for the Trademark gives many exclusive and solo rights to the brand. The applicant can apply in more than one class. It prevents infringement and helps to enhance brand quality in several classes.

Step 2: Identify Relevant Database:

A Government of “The Controller General Of Patent, Design and Trademark” (CGPDTM) controls Trademark Registration in India. The applicant can visit IPI’s official websitewww.ipindia.gov.in. for conducting a TM search.

Through the use of the database, which is regularly updated by the department, the applicant will get an understanding of their trademark on this website. All Trademarks that have been Registered or applied to be Registered are listed in this database. The applicant has the option to review that information and, if they discover any similarities, update their mark before applying.

Step 3: Comprehensive TM search Report:

TM search is very essential while Registration, after a primitive TM search the applicant must conduct the comprehensive TM search report. It is a deep, thorough research on the Trademark. For this, the applicant can take advice from any professional.

Step 4: Consult to TM Attorney:

TM registration is a long and complex legal process. The applicant must consult with TM Attorney before TM registration which specialises in this work. TM Attorney provides a thorough investigation in TM search which can reduce the chances of objection or opposition. “Litem Legalis” can be your best TM consultant.

Why Litem Legalis?

"Litem Legalis" offers the greatest platform for Trademark Registration with the most affordable professional costs, all while receiving professional and knowledgeable guidance. We are dedicated to giving our clients the greatest customer service experience by keeping them informed at every stage of their TM Registration. With a low rejection rate, we have years of experience in TM registration.

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

The procedure of registering a trademark must include a TM search. It offers comprehensive knowledge regarding the trademark's accessibility. Before registering a trademark, conducting a TM search aids in giving the brand a distinctive identity. Additionally, it contributes to establishing a unique identity in the marketplace and improves a brand's reputation.

However, the candidate must be properly informed about their offering in terms of both product and service. When registering, a person or organisation must select the appropriate classes. Additionally, the applicant has to consult with a TM attorney to ensure a low likelihood of errors.

Frequently Asked Questions (FAQs)

What is TM Search?

TM Search is a process to research and investigate the Trademark whether it is registered or not. Conducting a TM search in India gives clarification on the availability of the Trademark.

What kind of Trademarks cannot be registered?

Any Generic term, Descriptive term, Offensive word, Religious symbol or geographical indication can not be registered as a Trademark.

What separates a Trademark from a registered Trademark?

When the applicant applies for the Trademark and files the Trademark application just after filing the application they start using Symbol ™ in front of their logo. This symbol determines that the logo is under the registration process. When the TM registration is successfully registered the applicant starts using the symbol ® that determines a registered Trademark. However symbol ™ for Trademark and Symbol ® for registered Trademark separates the both.

What is the Trademark Registration government fee?

The basic government fee for Trademark Registration is ₹4500 per class. The Trademark Registration process is also divided into several stages and steps so their fees will be different.

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