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How to check if a brand name (Trademark) is registered in India

In this article, we will discuss step by step procedure on how to check if a brand name (trademark) is registered in India or not, checking of brand name registration status is very important for every business entity operating in any jurisdiction whether it is in India or outside.

Make a list of proposed Brand name’s (Trademark)

The first step is to make a list of the proposed brand names, business names or product names that you wish to register or check whether it is registered or not in India, It can be done by simple brainstorming, it is very much possible that if you brainstorm the brand names or the trade names for some time you will get some great names in your mind,

now what you have to do is you need to to know whether the said name is already available or not the best thing to do now is to check the same name on the search engine like Google or Bing if anything is available in this world with the same name or not it is a much higher possibility that if the same name is available you should skip that name as soon as possible because someone else is making some efforts on that name and it is better to leave that to the person or company, this is in a general sense if you have any specific requirements you may consider that name also.

trademark

Find the exact class of the product or services

In Trademark search there are 45 classes for different category of products and services, these 45 classes are based on a different type of categories like if you say your product falls in agree culture or agro-industry it will come under class 1 as all these products related to the agriculture of our underclass 1 of trademark, you are selling pharmaceutical medicines it will come under class 5 in TM also if you have electronic products mobile accessories and other items related to the electronics it will come under class 9 of the trademarks 2534 related products also under the class 35 normal business advertisement in business services a cover.

Go to Trademark public search

You have to go to the official website of the trademark search

On the official website of the trademark search you will be getting the columns for the search and the first column you need to check whether you want to search for the exact match or it contains a search for searching the start word with the word so it depends on this search mark that you are going to do so it is advisable first to search with contains and then go with the start and exact match.

Now you need to write the brand name (trademark) in the next column

now come to Ganesh from which you need to put the class you simply put the class of your products or services discuss the home and like a if you are a searching for products relating to the readymade garments and put out class 25 simply put 25 in the next column.

Now you need to click on the search button and if you are finding some of the trade marks you need to go through and check them to see if these are relating to your mark if you find some confusion on that just simply don’t use tgis mark as it is not available to you.

If there is no mark available on the search page you need to search it again for the next process and in all that processes if you find more results it is beat her and most probably the mark is available for registration.

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Trademark Class 1 Goods Description

trademark class 1

Trademark Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry.

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Trademark Registration Process In India

Trademark is a Word, Logo, Numerals, Slogan which differentiates products and services of one business from that of another Trademark Registration provides the legal right for the exclusive use of the mark to the owner of the trademark. Presently in India Trademark Registration takes around 2 years for the mark to get registered; however, registration is effective from the date of filing of trademark application.

Example of Trademark: Pepsi and Coca Cola are two trademarks from the same industry (beverages) which distinctly identifies the source or origin of the goods as well as an indication of quality.

trademark registration
PIC Credit – Canva

Stage 1 Trademark Search for Trademark Registration

Before making any step further for a trademark application, a trademark search is a very important thing that is required to be made from the trademark database provided by the trademark department.

Stage 2 Trademark Application Filing Trademark Registration 

Once the Trademark Search report is positive, you can proceed for trademark application filing with Trademark Agent/Attorney.

Some of the following information is required for filing the Trademark Application.  

Download TRADEMARK QUESTIONNAIRE

  1. (Please fill in the following table and email us at [email protected])
    S.No. Particulars Details
    1. Applicant Name

     

    (Pvt. Ltd./Public Ltd./Partnership Firm/Proprietorship Firm/Trust/Individual)

     
    2. Address of the Applicant  
    3. Type of Organisation

     

    (Pvt. Ltd./Public Ltd./Partnership Firm/Proprietorship Firm/Trust/Individual)

     
    4. Full name of the Signatory

     

    (On behalf of company/firm/trust)

     
    5. Designation of Signatory  
    6. Nationality of Signatory  
    7. Father’s / husband’s name of Signatory  
    8. Residence address of the signatory  
    9. Age of signatory  
    10. Mark/brand name  
    11. Goods / services (exact)  
    12. Trade description

     

    (Manufacturer/Traders, Service Providers)

     
    13. User Date of the Brand/Mark  
    14. Class of Trade Mark. Kindly refer to class details- there are 45 classes of trade mark.  
    15. Contact No.  
    16. Email id  

2. Documents Required: Signed Power of Attorney in form TM-48 from the applicant is required to be given to Trademark Attorney

Stage 3. Submission of Trademark Registration Application: 

Once all the information and documents are ready, Trademark Attorney files the TM application to the Trademark Registry. This process usually takes 1-3 hours.

Stage 4. Trademark Application No and use of TM/SM along with your Mark: 

Once the TM application is submitted, an application is generated for every TM application. Once you get the application no. TM can be used along with your mark.

Stage 5. Issue of Examination Report by Trademark Registry:

Normally Trademark Examination report is issued after 5-10 months of the filing of TM application. In this step, if any objection is received than the applicant through his attorney has to file a reply for the same to the TM registry and if no objection is received than TM gets published in Trademark Journal.

 

Stage 6.  Publishing of Trademark in Trademark Journal for Public Opposition:

Once the mark publishes in trademark journal, it is available for public objection, if any objection is received, opposition proceedings are required to be done and if no objection is received than Trademark

Stage 7. Trademark Registration Certificate:

Once all the proceedings are complete than the Trademark Registration certificate is issued and the proprietor becomes the absolute owner of the mark.