Free Trademark Search - An Initial Step Towards Building Your Brand

Trademark search, either manually or using online database

, is very essential, to save time and money. The successful search, though being the initial step, helps in the building of a successful brand.

It is of no wonder that why any upcoming or blooming business urges for a trademark. A Trademark has thus, helped the business enterprises to establish their name in the market and to ascertain a competitive edge over their close competitors. Before filing application for the Trademark Registration, it is advisable to conduct a Trademark Search. Various ways are used to conduct the search is free. The intention of the search is to make sure of the availability of the trademark thought of and the close trademarks already prevailing in the market. The search is very important as the same trademark once filed and approved by the Controller General of Patents Designs and Trademarks (CGPDTM), the Government of India, will not be registered again. After filing of the Trademark Filing Application, the CGPDTM looks for the reasons and grounds for objection or rejection of the respective application. In addition to this, the CGPDTM does not refund the fee in case of rejection. Therefore, to save the time and money, the trademark search is the one best way out towards successful trademark filing.

You can take help of the online platforms for conducting the search. On the online platform, you will get complete details of the registered trademarks as well as trademarks pending for approval. National Institute for Intellectual Property Management (NIIPM) and Patent Information System (PIS) website is of a great help to get details of the already registered trademarks. In addition to this, the search conducted can also be in person. One can visit an International Depository Authority, also known as Institute of Microbial Technology (IMTECH) to get the details of the registered trademarks or approval pending trademarks. International Depository Authority is located at Chandigarh (India).

The graphics in the trademark also plays an important role in the search process. For the proper design code, the Design Search Code Manual is to be consulted that is available at the CGPDTM website. In addition to this, also search for the conflicting trademarks. Your application or your registration with the India Design Application Information Retrieval (IDAIR) system, which you can also find at the CGPDTM, helps you in finding the conflicting trademarks that are still pending for approval. This is important as the similar trademarks have high potential to hamper your business or market cover. Apart from all this, a common law search regarding the availability of the trademark is also important part of the trademark search process. There may be some trademarks prevailing in the market but are not present in the database.

Common Law Search requires going beyond any government records. The search procedure will involve tracking in the Phone Directories, State Trademark Registers, Yellow Pages, the World Wide Web, Industrial Directories, and many databases that are more similar. The importance of this search is to find whether someone else is using the intended trademark without filing for federal trademark registration. Om the other hand, it is important, as the federal registration is not responsible for setting trademark rights, but use of a trademark results in common law rights. Lastly, the first person or company, using the intended trademark for business or on documents, or files trademark registration application with CGPDTM on the Internet, will have the complete right to use the trademark and get it registered.

by: Trademark

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