Opposition of Trademark and Rectification of Trademark Register

The pursuit of easy success and the denial of trademark laws have given rise of a lot of cases of trademark opposition. What is “trademark opposition”? In simple, it’s an objection by a third party against registration of trademark during the 4-month period that the trademark is in the trademark journal. The trademark opposers can be anyone from individual person(s), Partnership firm (s), companies and even trusts. Most notable thing about trademark opposition is that the one who is opposing the trademark can do so without any commercial motive whatsoever.

What are the grounds for opposition of trademark?

There are many grounds on which trademark opposition can be filed. If we had to condense them into a few points, the following reasons are considered valid to file opposition against a trademark:

  • No distinctness in the mark: The trademark in question doesn’t have any unique feature or it has something that points to the quality, the intended purpose, the values or the geographical origins of the product or service the mark represents.
  • The mark has potential for public deception: The trademark in question can potentially deceive the public and cause them confusion. It can be the case that the mark bears resemblance to a trademark that has already been registered or is similar to a well-known trademark.
  • Hurting the sentiments of a community: Trademark that has the potential to hurt the religious sentiments of any class or section of people can face opposition from a third party.

How one files a trademark opposition

Trademark opposition entails three steps, and they are:

  1. Filing an Opposition Notice: First, the person who wants to file trademark opposition does so by sending a notice. The contents of the notice should include the reason that the person is opposing the trademark, details of the trademark registration application that the person is against, the personal details of the person filing the trademark, and the grounds on which the trademark opposition is filed. After receiving the notice, the recipient has two months to file a counterstatement against the opposition. Not doing so would lead the Registrar of trademarks to abandon the trademark application.
  2. Filing the evidence to support their statements: After the opposition party receives the counter statements from the prospect of trademark registration, they have 2 months (1 month extension is given) to file the evidence via affidavit to support their opposition. If no evidence is filed, the opposition is abandoned. Upon receiving the application, the prospect of trademark registration similarly has two months to file evidence to support their statement. However, if he – the prospect – only wants to treat the counterstatement as evidence, he can do so. But it would require that the registrar be informed about it.
  3. Hearing both the parties: After receiving evidences from both the parties, a date is decided on which the hearing commences. That hearing decides the future of the trademark in question. Both parties will receive a 1-month prior notice. Upon receiving the notice, the parties have to submit that they will appear in the hearing via a form to the Registrar. The conclusion of hearing will be decided after both parties have had their say.

Rectification of trademark in India

An aggrieved person can file for the rectification of a trademark if that trademark has caused them singular harm.

Grounds for rectification of trademark India are as follows:

  1. The trademark hasn’t been used for the purpose it was registered for.
  2. The entry made in the registry is misrepresenting the facts surrounding the trademark, or the trademark is similar to an existing mark.
  3. The trademark hasn’t been used for 5 years.
  4. The holder of the trademark isn’t of sound mind anymore to use the trademark.

The trademark rectification process

  1. File trademark rectification via an application and attach a statement along with. State that as an applicant, you’re doing it because it’s in your interest.
  2. The registered proprietor, within 2 months of getting the notice of the same, will send you the counterstatement.
  3. Evidence filing would take place.
  4. The registrar will send a notice to the proprietor of the trademark explaining the grounds of trademark rectification. A hearing will take place leading to decision to leave the trademark or rectify it.

Documents Required for Trademark Registration

Do you think it’s enough to just file the application to get the trademark? Each detail you provide has to checked and rechecked. Do you think the department can just lend you the rights to mark without checking the document list for trademark registration? Of course not. There is no trademark without the documents required for trademark registration.

We admit that the documents for trademark registration in India can be confusing to understand. We have been through the same difficulty ourselves at times. But now we know exactly what you need to attach with the application for trademark.

And here is the list.

Before understanding the trademark, registration documents required, understand this

There are many types of applicants of trademark registration. You can either apply as an individual, or you can apply as a business entity. We are stressing on this because the core document list for trademark registration changes based on that very fact.

Documents for Trademark Registration If You’re a Business Entity

If you’re indeed a business entity such as a partnership, a limited liability partnership or any type of company, the documents are the following:

  1. Copy of the logo: In case the trademark you want to register is more than just a word mark, you need to provide an image of its logo. That’s not all. You also need to provide a brief description of the logo. In that you’ll explain the shape, the color and the pattern arrangement you’ve used to design the logo.
  2. Incorporation certificate or Deed of partnership: The deed of partnership or certificate of incorporation is the identification documents of your business entity. Provide it to the IP department to expedite the process of trademark registration.
  3. Form-48: Among all the documents required for trademark registration in India, it’s this one that people tend to miss the most. Remember this; whether you’re a business entity or an individual, you can’t file the application on your own. You need to authorized a trademark attorney to file the application on your behalf. The Form 48 is the power of attorney – giving your trademark attorney the right file the trademark application.
  4. Udyog Aadhar Registration Certificate: Want to save money filing the application? Choose to provide an Udyog Aadhar Registration certificate. This document, that establishes you as an MSME cuts the trademark registration cost to half.
  5. ID proof of the one signing your application: Provide the identification of the one filing and signing your application. Along with it, provide your ID proof as well.
  6. Address proof of the signatory: Provide the residential proof of the one signing your application along with your own details.
  7. Details of when you started using the trademark: Trademark filing process is a race in which many same trademarks are rushing to get registered. In case you’ve been using the trademark before applying for trademark registration, provide proof of the same.

Documents required for trademark registration is you’re an individual

The documents aren’t that different from above. They are as follows:

  1. Your Identity proofs.
  2. Your proof of residence
  3. Copy of the logo in case your trademark is not just a wordmark.
  4. Form 48 to delegate a trademark agent to file your application.

Conclusion

As you can see, the documents required for trademark registration in Delhi aren’t that complicated. All you need is the right information through the right blog to help you out. Interested in more? Check out our other blogs at Regalguru.

How to Trademark a Fashion Brand?

When you think of clothing labels, the first word and logo that comes to your mind is the Nike swoosh. Every time you visit outside to a sports store or clothing store that’s Nike mage, that swoosh reminds of its quality. You automatically think: These are good shoes or good clothes. You can do the same for your brand, if you dare to trademark fashion brand of yours.

Creating trademark rights for your clothing brand

A trademark determines the source of a product or a service. As a clothing brand, your trademark can remind customers of you. It can tell them it’s you who have given them such good quality of fashion. The more your brand grows, the more your business’s image goes up. However, you can only achieve that after you trademark that cloth brand of yours.

How to do that? Simply put, you have to register your trademark as per the trademark laws of your country. If it’s India, you have to go to the IP department. And if it’s USA, you have to reach out to the USPTO office. Once you do, you have to submit the application of the trademark and the rest will happen as per desires of the department.

What is the process of trademark registration of fashion brand?

To register the trademark of the fashion brand, follow the steps that are given below:

  1. First, choose the name or design or logo of the trademark: The very first task towards trademark registration of a fashion brand is to choose a trademark logo. Make sure that the trademark you choose is fanciful, relatable and doesn’t blatantly points towards the quality of the fashion brand.
  2. Choose a trademark class: Depending upon the trademark class of your trademark, you have to file the application. In case of fashion brand, the class that IP department prescribes is trademark class 25.
  3. Conduct a trademark search: Use the trademark name, design or logo and the trademark class to run a trademark search.
  4. Choose multiple classes when you start filing the trademark application: When you finally start filing the application, you have to decide the basis of that filing. Is your intention to use that trademark for commerce or have you already been using it. In case you’ve been using your trademark before filing your application, you must collect the evidence that states the starting date of when you started to use that trademark.
  5. File the online application for trademark application: Use the electronic trademark application system (called the online form) to file the trademark application. Submit the requisite fee required to file your application. You can know about trademark registration fee here if you wish to.
  6. Analysis of trademark application: Once you file the trademark application, you need to wait as the application is analyzed by the department. If you don’t receive any objection, your trademark will be forwarded to the trademark journal.
  7. Publication of trademark: The trademark of clothing brand will be published in the trademark journal along with the details of your application. It will remain published for 4 months to see if someone opposes your registration.
  8. Registration of trademark: If your trademark faces no opposition, you will receive the certificate of trademark registration.

Depending upon the department you submit the application to, which will differ, based on the country in which you’re applying, the publication time and the fee will change.

Conclusion

Trademark my clothing brand name – if that’s your desire, you need to reach out to the right consultants for help. At Regalguru, we will give you all the help needed to trademark your fashion brand and on time. And, if you face any issues, we will stand by you for assistance.

How to Find Trademark Registration Consultants in Delhi?

In Delhi, it’s important to have your own business identity, and possessing a trademark can help you achieve that. A trademark is a unique brand name or logo that helps your customers identify your products among others of the same kind. But, because there are so many businesses in Delhi, each of them with a unique brand name, it can be hard to find a unique name for your business, and protect it.TM registration in Delhi is a process through which you can choose a unique trademark and protect it under the trademark laws.

There are many consultants who provide such niche services regarding brand name. However, most of them are fake and those who are legit would provide you Delhi trademark registration services at an exorbitant price. That makes it difficult for a common man to find the right service providers. Thankfully, if you’re a person who is interested in protecting your brand identity but is not aware of where to get the service from, this is the article you should read.

Here, you’ll know how to find trademark registration consultants in Delhi.

A background about trademark registration

Before we move forward, it’s better to know what trademark services are all about. Trademark services aren’t all about trademark registration services in Delhi, they also entail:

  1. Trademark registration: It’s the basic and the most important service related to trademark. Through it, you acquire ownership of your brand name by putting that name in the trademark registry with your name/your company’s name beside it.
  2. Trademark reply: The process of trademark registration can be tricky. Sometimes, the IP department puts objection against your application. Trademark consultants file a trademark reply is a solution to deal with trademark objection.
  3. Trademark hearing: In an event your trademark is or appears to be a copy of another one, things can get dire. In such cases, courtly proceedings happen during trademark hearing.
  4. Trademark renewal: A trademark registration is only valid for 10 years, after which you’d have to file a trademark renewal application. It reinstates your trademark protection for the next 10 years.

A true consultant would prove you all the above-mentioned services and then some. There are certain qualities that you need to look for to determine who is a true trademark service provider, and who is just faking it just to get your money.

Mark of a true service provider

When it comes to trademark services, there are two things that you should know about:

  1. The process takes time.
  2. The process is going to face a lot of legal difficulties.
  3. The process isn’t as expensive as you might think.

A true trademark consultant in Delhi understands the above three things and reduces them through strategic solutions.

  1. Reducing the time: For “consultants” who don’t know how to conduct a thorough trademark research in a short time, it can take a month for the application to reach the IP department. That’s now the case with the right trademark consultants. They follow a simple protocol to conduct trademark search, file your application, and give you the receipt in one day.
  2. Reducing the legal difficulties: Whether you get your trademark registered hinges on two things: unique trademark and correct application filing. Even then, the random government policies can deter your application. The right consultant can predict the legal difficulties and take measures to bypass them.
  3. Reducing the cost: Depending upon whether you’re applying as an individual or a company, the cost of trademark registration can increase by double. However, a empathetic trademark consultant would understand your need and provide you the services at low professional fees.

Scour the internet, search for service providers that can reduce the above three and when you find someone who can, you’d have hit the jackpot.

Conclusion

Finding the right trademark registration consultants in Delhi is not that difficult. You just have to know what you’re looking for. In the case of a trademark service, you need someone who can reduce the time it takes, the legal difficulties it brings and the cost it accrues to register a trademark. And if you find them, you’ll find us there too.

How to Copyright a Song in India

When the unique song inside your head finally gets your voice, it becomes real, doesn’t it? You start think about auditions and other opportunities. And nowadays, you can start thinking about YouTube videos and monetizing it. However, before you race your horse of imagination, are you sure your song is protected? I am not asking whether it has a shield of not. I am asking whether it is safe from being copied by someone else.

Well, the answer is yes or no.

Yes, because as soon as you sing your song, or write it down, it gets the song copyright. It means that you automatically get the exclusive right to copy that song and reproduce it. However, you cannot implement it unless you get the song copyright under the IP laws of India. And that’s where this blog comes to you rescue.

Through this blog, you’ll know the steps of how to copyright your song in India.

It’s not just a single copyright

Unlike a book, software or a painting, copyrighting a song is the most difficult task. It’s because a song has so many elements. Just think about it. You do want to protect the entire song right?

  1. The lyrics of that song.
  2. The musical tune you put behind that song.
  3. The audio recording of that song, and
  4. The instrumental of that song.

Thus, for song copyright, India has made it mandatory that you use not one, but multiple copyrighting applications. So strap on to your imaginary horses, for we are going to take an extra mile and discuss all the process.

Documents required for copyrighting different elements of the song

The song copyright process is a consistent one. The process remains the same. However, the following are the different documents and format required to copyright each element in the different application:

  1. Copyrighting lyrics: To copyright the lyrics, you just need its word format. Put the lyrics in the word format and store it on your PC.
  2. Musical tune: Write down the musical note on a paper and scan it. If it can be converted into a digital format, you can do it. However, a scanned copy of the original would be enough for copyright registration of the musical tune.
  3. The audio recording: For the audio recording of the song, you need to record it in the .wav format.
  4. The instrumental: It’s optional to copyright the instrumental. But to protect the song completely, it’s a good idea to do it. Get it copyrighted by submitting the .wav recording of the instrumental with the copyright registration application.

The process of copyright registration of a song

Now that you know the elements that you need to copyright to completely protect your rights of your song, here is the consistent song copyright process I was talking about.

  1. Gather the required documents to get your song copyrighted:
    1. 3 Copies of the work, if published/ 2 copies if it’s not.
    2. Power of attorney to bestow the right to file your application to a copyright attorney.
    3. Information sheet covering the title and language of work
    4. Your ID proof
    5. Your address proof
    6. If you’ve already uploaded the song on YouTube, give information about when you did it, along with the printout of the same.
  2. File the application of copyright registration: To copyright a song in India, or anything else really, the application is completely online. That’s the reason the documents required in the previous section are digitized.
  3. The song will be published in the diary: After your application is accepted, your song will be published in the diary for 30 days.
  4. The application is processed:  If there are no objections, your application will be scrutinized by the copyright expert.
  5. Approval for the application: If your application gets the approval, you’ll get informed of the same.
  6. After approval registration: After your application gets the approval, you’ll receive the certificate of registration for your song copyright.

Conclusion

All these steps and documents might have made you think: how much is song copyright cost in India? Well, believe us, it’s not much. At RegalGuru, we make sure that our copyright costs are low so that every artist has a chance to show off.

So, get your song copyright at an affordable price.

How to Clear Objected Trademark

All trademarks face objection. If not all, then it’s the story of at least 60 % of trademark application. Despite how correctly you’ve filed your application, something is always is missing. The reasons for trademark objections can go from simple to complex. So how to remove a trademark objection.

You have three choices:

  1. You can file a fresh new application in hopes that this one would get accepted.
  2. You can know the reasons behind the objection.
  3. Upon knowing the reasons behind the objections, you can file a trademark objection reply to rectify them.

All three methods have their merits. Let’s discuss each of them.

Filing a Fresh Application for Trademark Rgistration

It’s an approach that not many take. To file a trademark application again would mean:

  1. To once again do a trademark search.
  2. To once again verify the uniqueness of your trademark.
  3. To once again wait for the registrar to pick up your application.

As far as approaches go, it’s a slow process to apply for a trademark again. If you have time, you can go for it. But I am guessing that most who face trademark objections don’t have much time. It makes it necessary to know the trademark objection reasons.

Reasons behind Trademark Objection

Knowing why trademark objection happens will help you prevent facing it in the future. Following are some of the most common trademark objection reasons that make it easy for the registrar to object to your application:

  1. The application contains incorrect details: When filing any government form, you must put special care when entering the details. Even small mistakes are enough for the registrar to object to your application.
  2. Wrong specification of goods and services: Trademark registration happens for a particular class of trademark. Every trademark class represents specific goods and services. When filing the application, the trademark class and the goods and services should match. If they don’t, the trademark registrar objects to your application.
  3. Existence of a similar trademark: The Registrar only rewards trademark registration to unique trademarks. If your trademark is a copy of an already registered trademark, you should expect to face trademark objection.
  4. No distinctive character in the trademark: If your trademark is absent of any distinct character, it misses to fulfil the unique criteria of trademark registration.
  5. Deceptive trademark: If the Registrar feels that your trademark is deceptive and trying to create confusion among the consumers, it will object to your application.

There are other reasons why the trademark faces objections. But to deal with any of them, filing a trademark reply is necessary.

Filing a trademark reply

In most cases, you’ll be able to foresee whether you’ll face trademark objection or not. The trademark agents that guide you through the application process tend to monitor the application’s progress. Thus, expecting trademark objection, they start drafting a befitting trademark reply.

Different objections require different types of trademark replies. To respond to a trademark objection, you thus have to file a befitting reply.

  1. In case you’re facing trademark objection due to missing documents, submit the missing documents.
  2. In case you’re facing trademark objection due to incorrect classification, submit a trademark reply stating the correct trademark class.
  3. In case you’re facing trademark objection due to incorrect mention of goods and services, submit a trademark reply stating the correct ones.
  4. In case you’re facing trademark objection because your trademark is indistinct, submit a trademark reply supporting your belief that it’s distinct.

If you’re worried about trademark reply fees, don’t be. At Regalguru, we keep our services affordable for everyone. So, if you require assistance with trademark objection reply, contact us via +91 9716936280 and info@regalguru.in.

Frequently Asked Questions about Trademarks

If you want to learn about trademark, you can consult with an IP attorney or an Intellectual Property Attorney. They can provide you information about the nature of trademarks, how then can benefit your business and how you can use it to generate passive income. Additionally, consulting with an attorney can give you an insight into the trademark registration process.

However, if you don’t have to get on call with an IP attorney, don’t worry. We have collected the most frequently asked questions about trademarks in this article.

Question 1: What is a trademark and why need to register it?

A trademark is a mark of your trade. When a customer is buying any product or service, they use the mark to determine the identity of the one providing them that product or service. In simple terms, it’s an identifier for your business. It can be a name, a logo or a tagline. As it’s an identifier, it has to be unique. A trademark attorney can help you obtain a trademark via trademark search.

Question 2: How much time to take trademark registration?

The process of trademark registration is a long one. The time taken during various steps of this process is divided into following:

  1. Trademark search: First, you have to know whether or not your selected trademark is unique. In that regard, an IP attorney provides trademark search service. It takes one day to conduct a trademark search.
  2. Trademark application filing: Once the trademark is decided, the application is filed along with the submission of supporting documents. This task can take about a day.
  3. Application analysis: Once the trademark application is filed, the registrar of trademark analysis it. It can take about a week.
  4. Trademark journal: If the trademark application is accepted, your trademark is published in the journal. It remains published for 4 months or 120 days.
  5. Trademark registration: If your trademark application faces no opposition during the time it was published in the journal, you receive trademark certificate.

When you combine all of the above, you get: 1+1+7+120 = 129 days.

Note: We can use our expertise to expedite or speed up the process of trademark application analysis.

Question 3: What is Trademark Class and how many/which ones should I file/register for?

A trademark is registered under a specific trademark class. There are 45 trademark classes. Each class specified a particular type of product or service. The first 30 trademark classes specify the product, and the rest of 15 trademark classes specify the services. When you file the application, you file it under one particular trademark class.

As for how many classes you should file your application under, it depends upon the nature of your product and services. However, our recommendation is often is that you file your application in multiple trademark classes. It would help make your trademark (your brand) more powerful.

Question 4: What to do if someone using my trademark?

If you have registered your trademark and find someone else using it, you can do the following:

  1. You can contact them to stop their operations and pay for the damages. To make your request heard, you can use an attorney for this purpose. In most cases, trademark infringement cases are resolved using this.
  2. If there is no response from other’s end, you can file an injunction and send them the same. It will force your trademark infringer (that someone who is using your trademark without your permission) to stop his or her operations.
  3. And in case the person has just filed the application for trademark registration, you can file the notice of opposition.

Question 5: How much cost for trademark registration?

Trademark registration cost is as follows:

  • For individuals and sole proprietorship, the government fee for trademark registration is INR 4500/-
  • For companies and other business entities, the government fee for trademark registration is INR 9,000/-

Note: You can reduce the trademark registration cost for business entities if you have startup registration certificate.

Question 6: How to maintain trademark after registration?

After you obtain trademark registration, you retain it for a period of 10 years. However, to maintain the good standing of trademark, you need to file maintenance documents to the Registrar of trademark by the end of 5th year of trademark registration. It’s to assure the registrar that you’re still using the trademark.

Secondly, you have to keep an eye on trademark journal. In case someone filed an application using your trademark, you can file a trademark opposition notice right away.

There are other small details that you have to take care of to maintain your trademarks. You can know about them by talking to our IP experts.

Fees for Trademark Registration in India

Fees for trademark registration in India. You pay them so that you can become the legal owner of the mark of your trade. In this article, we are going to dive into the fee you’re required to submit in order to register trademark in India.

Trademark registration has gained a lot of attention in the past few years. Ever since people found out that that their business name holds as much value as the business itself, they are rushing towards getting their trademark registered. However, most of them are unaware for the fees for trademark registration that they are required to pay. As a result, they often reach out to a “consultant” who deceives them instead of helping them – asking them to pay a lot of price while providing not any service.

So, what’s the solution to this problem? How to know where you should get the right assistance from? It’s simple. In this article, we are going to dive deep into the fee structure for trademark registration fees in India. Once you’re done reading it, you can make up your mind about who to trust with trademark registration services.

The process of trademark registration in India

The fees for trademark registration in India are divided as per the process. Following is the process of trademark registration:

  1. Choosing a trademark: The first task of every trademark registration aspirant is to decide a trademark that is unique, non-offensive and truly distinctive. While you can manage a trademark that is non-offensive and distinctive, you have to conduct a trademark search to find out about the uniqueness of your chosen trademark. Trademark search is the first requirement for which you pay trademark registration fees in India.
  2. Filing the trademark application: Trademark registration application is filed on the basis of class. Thus, you need to know the trademark registration cost per class in order to file the application. Right now, the trademark registration Govt fees for the filing the trademark application per class is as follows:
    1. If the applicant is an organization like a business entity, the government fee is INR 9000/- per trademark class
    2. In case the trademark applicant is an individual, the fees is INR 4500/-
  3. Monitoring the trademark application: Once your application reaches the registrar of trademark, he scrutinizes it thoroughly. If there are any discrepancies or violations in your application, you’re going to face trademark objection. In that case, you’ll have to make sure that you have professional assistance to file a trademark reply. Filing the trademark reply is an important factor if you want your trademark to be published.
  4. Publishing of trademark: After the Registrar accepts your trademark, it goes into trademark journal for publishing. In there, it remains for 4 months. During this period, it’s visible to third parties who can post opposition against it if they feel like your trademark is violating their rights. In the event of trademark opposition, you’d need the required legal assistance to fight it. And that means getting the help of trademark experts. These experts will represent your trademark application and you in the trademark tribunal and attempt to get your trademark accepted.
  5. Trademark registration: Once the trademark is accepted by even the third parties, it’s entered into the trademark registry along with your name. It makes you the legal owner of that trademark.

Conclusion

Trademark registration fees for trademark registration are justified when you understand the steps. Now that you know, you’re ready to find out about the experts who can help you. And if you feel lost, you can ask Regalguru for assistance.

You Can Get Free Trademark Name Search in India

Imagine yourself creating the best product in the market. It’s valuable, it’s affordable and it can attract a lot of people. You conduct research on that product. You create a business plan so that you can launch it properly. And finally, you put it in the market. That’s when you realize – “There is another product of the same name”. And all your confidence in your product just goes away; just because you forget to conduct the most important research of all: The trademark search.

Without a unique trademark to stamp on your product or service, you won’t have any identity. It doesn’t matter how well your product; it doesn’t even matter of affordable it is. All of it is useless if people don’t even know what to call it. But you can avoid all of it. And the best part is: it won’t cost you anything.

It’s because the price of trademark search online, India has made it free. Yes, you read it right. Without even paying one penny, you can know everything about your brand.

  1. You can know whether it’s a copy of something or not.
  2. You can know whether it can be implemented on product or service you’re providing.
  3. And, you can now whether or not it’s even somewhat similar to existing trademark.

The above three things are important. For you to establish your trademark, you need to register it. And to register, it should be unique.

And thus, this article is dedicated to you. If you’ve ever thought about wondering the trademark search India, we are going to reveal you to how to do it on your own.

Trademark search India: The basic premise

Let’s cover some of the basics of trademark India. Free, online, and ready to be used at any time. That’s how easy it is to conduct a thorough brand name search, but only if you know about the elements of your trademark search:

  1. Trademark name: It’s the name you’ve given your brand. It’s this entity that you have to make sure isn’t a copy of anyone.
  2. Trademark class: It’s the second and most important element of trademark search. There are 45 trademark classes in total. The first 35 represent products and the rest of 10 represent services.

So, why knowing both of these elements are important? Simple. While we specifically said that your trademark has to be “absolutely” unique, the word absolute is quite relative.

If there is a specific brand name in mind, and you want to use it for your product like a computer chip, then you can get it if there is a brand of the same name but is registered in another class of products, like some food article.

To be even more clear. Suppose you want to start a computer chip business with the name “aloha”, you can. But only if there is no one else with a computer chip business with the same name. However, if there is someone using the same name, but for a different product, you can use it.

How to search trademark names in India?

Conducting a trademark search in India is a process that only requires two things: time and access to internet.

  1. Go online and type in the words “public search” in your web browser.
  2. Click on the first result; it’s generally the official website of trademark search.
  3. In the window you see before you, enter your brand name that you want to search.
  4. And then, enter the trademark class – the product or service you want your trademark registered for.
  5. Click on submit.
  6. If you don’t’ see any result, your brand is unique. And, that means, you can move forward with the trademark registration process without any worry.

Advanced trademark search techniques

When talking about trademark search India, MCA or Ministry of Corporate Affairs play a huge role. Why? It’s because many trademarks names are company names. That’s why, you need to be extra careful about how you take the above six steps. One of the most advanced ways to search for trademark is:

  1. Trademark search by application number: If you know someone who has just applied for trademark registration, you can check their progress. Trademark search India by application number is not something a lay person can do, you’re gonna have to reach out to the experts for that.
  2. Trademark search by registration number: Interested in looking at registered trademark belonging to a specific individual? Get it through trademark search by registration number.

Conclusion

Trademark search is important, easy and free. If you don’t feel confident enough to do it on your own, or you want professional assistance for conducting advanced trademark search, reach out to Regalguru.