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IP Rights Trademark Registration

Online Trademark Search Tool

Narendra Kumar
24 May, 2019 24 May, 2019
Online Trademark Search Tool

Use of Online Trademark Search Tool Prior to the Registration

In Online Trademark Search Tool, A Trademark is a legally protected abstract, word, symbol, color, mark, slogan or a combination of these associated with a company or a particular product that differentiates it from the others available in the market. It results in the creation of a right associated with the goodwill prevalent in the market. According to The Trademark Act, 1999, Section 2 (1) (ZB)“trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and the combination of colors…”

From the above, it is clear that Online Trademark Search Tool forms an important part of the business and industries for the purpose of marketing and maintaining a reputation. It is also of benefit to the consumer for having a clear and unambiguous identification associated with a particular brand, product, company or service.

Trademark registration is of utmost importance in the current times of competitiveness in the markets. The procedure and steps involved in the Trademark Registration are explained in details here.

How many Trademark Classes are there in India?

Online Trademark Search Tool is segregated into 45 different classes and knowing the one associated with your business or service is essential. Each of the trademark class represents a distinct set of goods and services. Below is the list of the description of the classes:

Class Description
Trademark Class 1 Chemical used in industry, science, photography, agriculture, horticulture, and forestry; unprocessed plastics; chemical substances for preserving foodstuffs;
Trademark Class 2 Paints; varnishes; preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; decorators; printers and artists;
Trademark Class 3 Bleaching preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions;
Trademark Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks;
Trademark Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; disinfectants; fungicides, herbicides;
Trademark Class 6 Common metals and their alloys; metal building materials; small items of metal hardware; pipes and tubes of metal; goods of metal not included in other classes;
Trademark Class 7 Machines and machine tools; machine coupling and transmission components; agricultural implements other than hand-operated; incubators for eggs;
Trademark Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Trademark Class 9 Scientific, electric, photographic, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers;
Trademark Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials;
Trademark Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Trademark Class 12 Vehicles; apparatus for locomotion by land, air or water
Trademark Class 13 Firearms; ammunition and projectiles; explosives; fireworks
Trademark Class 14 Precious metals and their alloys and goods in precious metals; jewelry, precious stones; hierological and other chronometric instruments
Trademark Class 15 Musical instruments
Trademark Class 16 Paper, cardboard, and goods made from these materials; printed matter; stationery; brushes; typewriters and office requisites; plastic materials for packaging;
Trademark Class 17 Rubber, asbestos, mica, and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes;
Trademark Class 18 Leather and imitations of leather; animal skins, hides, trunks, and traveling bags; umbrellas, parasols and walking sticks; whips, harness, and saddlery;
Trademark Class 19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; monuments, not of metal.
Trademark Class 20 Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or of plastics
Trademark Class 21 Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi-worked glass; glassware and earthenware;
Trademark Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags, padding and stuffing materials(except rubber or plastics); raw fibrous textile materials
Trademark Class 23 Yarns and threads, for textile use
Trademark Class 24 Textiles and textile goods, not included in other classes; bed and table covers.
Trademark Class 25 Clothing, footwear, headgear
Trademark Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Trademark Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Trademark Class 28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Trademark Class 29 Meat, fish, poultry, and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruit sauces; eggs, milk, and milk products; edible oils and fats
Trademark Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry, and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar; spices; ice
Trademark Class 31 Agricultural, horticultural and forestry products and grains; live animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals, malt
Trademark Class 32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Trademark Class 33 Alcoholic beverages(except beers)
Trademark Class 34 Tobacco, smokers’ articles, matches
Trademark Class 35 Advertising, business management, business administration, office functions.
Trademark Class 36 Insurance, financial affairs; monetary affairs; real estate affairs.
Trademark Class 37 Building construction; repair; installation services.
Trademark Class 38 Telecommunications.
Trademark Class 39 Transport; packaging and storage of goods; travel arrangement.
Trademark Class 40 Treatment of materials.
Trademark Class 41 Education; providing of training; entertainment; sporting and cultural activities.
Trademark Class 42 Scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software.
Trademark Class 43 Services for providing food and drink; temporary accommodation.
Trademark Class 44 Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services.
Trademark Class 45 Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
READ  Definition & Grounds of Trademark Jurisdiction

What is Public Search?

One of the most important steps before the actual filing of the application for the trademark registration is to decide WHAT should the Trademark be and if it would be different from the existing trademarks in the market. This happens to be an important step for avoiding any future rejections, objections from another party, conflicts, and costs involved therein and must be taken up in an exhaustive manner. Hence, the mark being decided upon must be thoroughly scrutinized for another possibly deceptively similar mark either duly registered or in popular usage.

A detailed database for the trademarks already in use and registered with the appropriate authority is available on the portal which can be accessed through a Public Search. Being a detailed portal, it mentions

  1. Well known trademarks
  2. Prohibited marks
  3. Vienna Code Classification: When searching for figurative trademarks, there is the possibility of using the Vienna Classification. This international classification system was established through the Vienna Agreement and permits classifying figurative elements of Online Trademark Search Tool. The Vienna Classification constitutes a hierarchical system that proceeds from the general to the particular, classifying the figurative elements of trademarks into categories, divisions, and sections, on the basis of their shape and appearance.
  4. List of International Non-Proprietary Names: INN identifies pharmaceutical substances or active pharmaceutical ingredients. Each INN is a unique name that is globally recognized and is public property. A non-proprietary name is also known as a Generic Name.

Search Mentions 3 Categories According to the Requirement and Preference:

  1. Wordmark: following require to be mentioned
  2. ‘start with’, ‘contains’ and ‘match with’
  3. Class
  4. Vienna Code
  5. The particular Vienna code
  6. class
  7. Phonetic
  8. The phonetic involved
  9. Class
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Results

Online Trademark Search Tool, Upon the search made as per the mark, be it the name, word, phonetic or the Vienna code, the results bring all the related/ conflicting marks. A detailed report further mentions the particulars like:

  1. Proprietor Name
  2. Application number and Date
  3. Class/Classes
  4. Used since &Valid up to
  5. Goods & Service Description
  6. Status of the trademark
  7. Status of objection, if any
  8. Image associated
  9. Vienna code(s)

Conclusion

An exhaustive public search before filing an application for registration of the trademark is always a wise step to save the future troubles of rejection and objections which may arise. The portal supplies detailed option for the search as per the word or phonetics involved, Vienna codes, Online Trademark Search Tool classes, and description and thus brings transparency and convenience to the whole procedure.

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