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Trademark Search

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    Types of Trademark Search

    Word Search:

    This type of search allows you to retrieve trademarks that use the same word as that of the query entered.

     

    Vienna Code Search:

    In some cases, a trademark may contain the same visual elements as that of other companies. It would be difficult to search for such marks. India is a member of the Vienna convention, so it follows the international classification for the same.

     

    Phonetic Search:

    The phonetic search interface is used in the case of similar-sounding trademark words. It is a useful type of search as it sometimes provides results having a different spelling but a similar sound.

    Trademark Search Classes


    According to the NICE classification, the trademark is classified into 45 categories. Among this, 34 classed represents goods and 11 represents services. Since each class shows a unique category of goods and services, so you should choose the right class for your trademark. The process is carried out, once you select the category/class for your goods/services.

    Classification of goods

    • ✔   In the case of finished goods, it is classified according to it’s purpose or function. If the function is not mentioned, then the user can classify it by analogy with other comparable finished products (mentioned in the alphabetical list). And even if this is not possible, then an applicant can classify on the basis of the material of which the product is made or it’s mode of operation.
    • ✔   In the case of multi-purpose finished goods, it could be classified on the basis of any of it’s functions. If the function is not mentioned, then it could be classified on the basis of the material of which the product is made or it’s mode of operation.
    • ✔   In the case of raw materials, whether unworked/semi-worked, they are classified on the basis of the material they consist of.
    • ✔   In case a product is made using different materials, then it is classified on the basis of the material that predominates.
    • ✔   Any good that forms part of another product is in principle classified in the same class as that product only when the same type of goods cannot normally be used for another purpose. In any other case, the first point mentioned above applies.

    Classification of services

    • ✔   The principal basis on which the services are classified is according to the branches of activities specified in the headings of the service classes and in their explanatory notes. And if this is not the case, then this is done using other services mentioned in the Alphabetical List.
    • ✔   In the case of any rental services, the classification is in the same class as the ‘services provided by means of rented objects’.
    • ✔   Any service that provides advice, information, or consultation is classified in the same class as in the case of matter of the advice, information, or consultation.
     
    Classes Category of Trademarks
    Class 1 Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.
    Class 2 Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants
    Class 3 Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics
    Class 4 All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.
    Class 5 Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.
    Class 6 Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes, and other small metal hardware, also ones are included
    Class 7 Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs), and agriculture machines (hand-operated not included).
    Class 8 Hand tools, cutlery, razors, and sidearms.
    Class 9 Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.

    Class 10

    		 Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.

    Class 11

    		 Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.

    Class 12

    		 Vehicles and apparatus for locomotion (in/by land, air or water)

    Class 13

    		 Fireworks, Firearms, Explosives, and ammunition (also projectiles).

    Class 14

    		 Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.

    Class 15

    		 Any Musical Instrument

    Class 16

    		 Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paintbrushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.

    Class 17

    		 Rubber, mica, gutta-percha, asbestos, gum, and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).

    Class 18

    		 Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.

    Class 19

    		 Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.

    Class 20

    		 Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.

    Class 21

    		 Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.

    Class 22

    		 “Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).

    Class 23

    		 Threads and Yarns (textile use).

    Class 24

    		 Textile and their goods; bed covers and table covers.

    Class 25

    		 Footwear, clothing, and headgear.

    Class 26

    		 Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.

    Class 27

    		 Mats, rugs, carpets and matting, linoleum, and other similar materials used for covering existing floors and also wall-hangings which are non-textile

    Class 28

    		 Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.

    Class 29

    		 Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).

    Class 30

    		 “Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.

    Class 31

    		 Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals

    Class 32

    		 Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.

    Class 33

    		 Alcoholic drinks (excluding beers).

    Class 34

    		 Smoking articles, Tobacco, and matches.

    Class 35

    		 Business Management; advertising; business administration and other office functions.

    Class 36

    		 Financial affairs, Insurance; Monetary affairs; real estate affairs.

    Class 37

    		 Repair, Building construction, Installation Services.

    Class 38

    		 Telecommunications

    Class 39

    		 Packaging and storage of goods; Transport.

    Class 40

    		 Treatment of Materials.

    Class 41

    		 Providing training; Entertainment; sporting; Education and other cultural activities.

    Class 42

    		 Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their design.

    Class 43

    		 Services related to providing drinks and food or temporary accommodation.

    Class 44

    		 Any kind of Medical services (including Veterinary, hygienic, and beauty services) both for humans and animals; horticulture, agriculture, and forest services.

    Class 45

    		 Legal and security services; personal and social services.

    Why is Trademark Search Necessary?

    Trademark search is very advantageous at many steps of your trademark registration process. The following are the benefits of a trademark search:
    • ✔   Before registration, it is advised that you conduct a trademark search. This will save you time and effort, as if there are any trademarks similar to yours, you can opt for something novel and won’t register the current mark.
    • ✔   There is also a chance of refusal/rejection of your trademark if it doesn’t comply with the Trademark Act, 1999.
    • ✔   It will continue to save your time and effort even after the registration process is through. For instance, let’s say that you have registered your trademark, but afterward, there is some infringement and so it is liable for revocation. This could be avoided if you have done a trademark research.
    • ✔   The search would let you know that your brand is different and attractive enough to attract customers. It will create a sense of exclusivity for your brand.

    Trademark Portfolio Management

    Trademark portfolio management indicates the management of application from the beginning to the end of it. The portfolio includes certain activities that include
    • ✔   Docketing of the filed application
    • ✔   Tracking upcoming deadlines
    • ✔   Informing the clients about the deadlines
    • ✔   Coordinating with foreign attorneys regarding any application filed outside India
    • ✔   Complete management of application till registration and renewal

    Trademark Infringement

    In case one uses a registered trademark without the authorization of the trademark owner, then it is considered trademark infringement. It is an offense under the Trade Marks Act,1999. Under this, the registered trademark owner can issue a notice to the infringer to stop the use of the mark.

    Even after this, if the infringement is continued, then action to cease all goods that violate the Trade Marks Act could be initiated. And the claim for the damages can be initiated.

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