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Sunday, 21 Apr 2019

Free Trademark Search

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Trademark searching is the process, which reveals whether your proposed mark is capable of registration or not in India. It helps in ascertaining whether or not there exists an identical or similar mark registered or pending for the identical or similar goods.

It is recommended to conduct a Trademark availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration. The cost of the search is generally quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others.

It is to be noted that clear Trademark search does not guarantee that the proposed mark will be registered because there are certain other factors also which affect the registration like opinion of an examiner or a third party opposition is not something which can be predicted. However the Trademark search helps us in ascertaining the major problems, which are likely to occur with an application and assist you in making a more informed decision.

Mahtta & Mahtta is having the database of Registered Trademark & Marks, which are advertised in the Trademark Journal from 1945 to till date in certain classes. You can get the Trademark search through E-Mail and by Post for just 2US$ per Mark.

A trademark applicant is not required to conduct a search for conflicting marks before using a trademark, or applying to register a trademark. The most important reason to do a trademark search is to avoid liability from trademark infringement lawsuits. The second most important reason is to identify potential prior users, so you will not have to incur the time and expense associated with changing a name you have invested time and money in at a later date. Third most important reason comes into play if you are planning on registering a mark with a trademark office. If the mark you have attempted to register is the same, or "confusingly similar" to another company's registered trademark for identical or similar goods and/or services, the application will be denied and the registration fees are non-refundable.

Before submitting an application for registering your trademark, you should ensure that a proper trademark search has been carried out. This is to make sure that the trademark you intend to use, or a similar one, is not already registered by another company for identical or similar products. It is advisable to conduct a trademark search not only in your own country but also, as far as is possible, in potential export countries, in order to avoid problems of infringement at a later stage.

A trademark search may be conducted before Trademark Office and/or through a commercially operated trademark database, or you may hire the services of a trademark agent. Whatever the manner you choose. Please bear in mind that any such trademark search is only preliminary. It may be difficult to ensure that your trademark of choice is not 'confusingly similar' to existing validly registered trademarks. This is why the guidance of an experienced trademark attorney and/or agent, who is familiar with the practice of the trademark office and court decisions, may be extremely helpful.

We strongly recommend to conduct search before applying for Trademark Registration.

You may instruct us online for Trademark Search; please provide us your Trademark / Brand name along with list of goods or products and services which you wants to protect by this Trademark.

Please provide us your complete contact details along with name, address and phone and fax numbers for prompt response.