Trademark Search: Important Points That You Should Be Aware About

A trademark is any name, symbol, image, signature, etc., that gives a product or service a distinctive identity and sets it apart from competing goods and services. It is a protectable asset by Indian law and regulations. It creates a brand image of the company in the minds of the general public, especially consumers, and is crucial in gaining its patronage and goodwill. ​

To protect your trademark from being copied by others, it is advised that you register it with the Office of Controller General of Patents, Designs, and Trademarks. Investing your money, time, and effort to create a specific brand name only to have others use it is not fair for business.

Why would one perform a trademark search? 

Thoughts of having a distinctive brand name are relatively common, but frequently, that name has already been registered as a trademark by another party, and you risk violating that person's intellectual property rights. Conducting a trademark search is the most secure technique to stay out of court over such a breach. It includes a list of forbidden trademarks and details about comparable and existing brand names and logos. The distinctiveness of a good trademark is one of its essential characteristics. 

The Controller General of Patent Designs and Trademarks in India maintains a database of trademark registrations and registered trademarks, accessed at Intellectual Property India" or "IP INDIA." This database covers all trademark applications submitted to the Trademark Registry, including those registered, challenged, opposed, expired, and abandoned. A specialist or a layperson can both access the database above.  

How To Prepare For A Trademark Search? 

Considering a trademark search is an essential step when it comes to protecting your brand and ensuring its uniqueness in the market. In this answer, I will explain why conducting a trademark search is crucial and how it can benefit individuals and businesses. 

  • Avoiding Legal Issues: By conducting a trademark search, you can identify existing trademarks that might conflict with your proposed brand name or logo. This helps prevent potential legal disputes and costly lawsuits down the line. It's always better to be safe than sorry! 
  • Protecting Your Brand Identity: Your brand is your identity, and establishing a solid brand presence is crucial in today's competitive market. A thorough trademark search allows you to determine if any similar marks are registered. This helps you choose a unique and distinguishable brand name that resonates with your target audience. 
  • Minimizing Rebranding Costs: Imagine investing time, effort, and money into building your brand, only to discover that another company already owns the trademark for your chosen name or logo. Conducting a trademark search beforehand can save you from the costly process of rebranding and re-establishing your brand identity. 
  • Building Consumer Trust: A unique trademark builds consumer trust and credibility. Customers who see your brand name or logo should associate it with your products or services without confusion. A trademark search ensures that your chosen mark is not already associated with low-quality products or services, protecting your reputation and consumer trust. 
  • Expanding Internationally: A registered trademark can provide legal protection in foreign markets if you expand your business globally. Conducting a trademark search helps you identify potential conflicts with existing international brands, allowing you to choose a mark available for registration in multiple jurisdictions. 
  • Enhancing Marketability: A registered trademark adds value to your business and makes it more attractive to potential investors or buyers. Conducting a trademark search ensures that your mark is unique and can be protected as an intellectual property asset, increasing the marketability of your business. 

In conclusion, considering a trademark search before finalizing your brand name or logo is crucial for protecting your business's identity, avoiding legal issues, minimizing rebranding costs, building consumer trust, expanding internationally, and enhancing marketability. Conducting a thorough search will give you peace of mind and help you build a strong foundation for your brand's success.