Trademark search
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why conduct the trademark search?
Conducting a proper trademark search helps brand owners in the following ways:
- Gives full information and detail of any existing brand name or trademark that may be similar to your trademark.
- Provides full information about any phonetically similar brand name that may confuse your consumers.
- Makes you aware of any well known trademarks with similar spelling as the brand name you're trying to get trademarked.
- There is a list of certain names and words which are prohibited from registration. A proper trademark search also lets you check if your trademark falls under this list.
- It also gives you proper information about the similarity of your logo, brand jingle or device with that of any existing brand or trademark as per the Vienna Convention.
Therefore, Trademark Search is very much important to know whether your brand name/trademark can be registrable under the Trademark Act.
trademark search
Among the ever growing competition in the market, making and maintaining a brand name has become a crucial task. Every brand owner wants to gain access to all exclusive rights associated with their brand name. And they are absolutely right in doing so. When you register your brand name as a trademark, you not only get access to an exclusive set of rights but also set a one of a kind image among your customers.
But, before you go further with applying for a trademark for your brand, there is a major step that you must complete – performing a trademark search. This is one of the most important parts of your trademark registration process which must be performed very diligently.
“Liberty is the right to do what the law permits.”
Montesquieu
A trademark can be broadly classified under two types –
- A word trademark containing a single word or a combination of multiple words.
- Device trademark which consists of a device like logo, label, figures, 3-d images or a figurative mark.
The Vienna Code is an internationally accepted code under the Vienna Agreement that deals with conducting searches for device trademarks.
As per the Vienna Code, a device may contain characters, simple shapes, colors, objects, animals, planets, or any other form of life and even imaginary characters, or any combination of the above. Every element is classified under 29 categories by the Vienna Code thus making a trademark search easy and viable.
As per the Vienna Code, a device may contain characters, simple shapes, colors, objects, animals, planets, or any other form of life and even imaginary characters, or any combination of the above. Every element is classified under 29 categories by the Vienna Code thus making a trademark search easy and viable.
Importance of vienna code in trademark search
What happens in a trademark search?
Company and brand owners adopt a trademark to protect the intellectual identity of their work. There might be instances where the trademark you choose might already be belonging to someone else. This is what happens during a typical trademark search:
- Possibilities of similarities between the new trademark and any existing trademark are checked.
- The name which you're trying to get a trademark for is checked for its legal ability to be trademarked.
A trademark search prevents your trademark registration application from being rejected. It also protects you from falling into a legal dispute or being compelled to change your trademarked name.
Thus, it can be clearly seen why conducting a proper trademark search is crucial for your brand. You can get exemplary trademark search services from legal experts with us.
Thus, it can be clearly seen why conducting a proper trademark search is crucial for your brand. You can get exemplary trademark search services from legal experts with us.
