How to Check If a Trademark is Already Registered? – Trademark Registration in Cochin
How to Check If a Trademark is Already Registered?
A trademark is an intellectual property that is displayed by the manufacturer as a visual symbol, label, sign, or design to represent a product. It helps customers differentiate between the products and services of one of the companies. A trademark owner can be any entity, an individual, a company, a partnership or other groups of individuals. How to Check If Trademark is Already Registered? – Trademark Registration in Cochin is what we are going to be discussed in this blog.
The primary function of a trademark is to highlight the quality of the product / service to the customer / potential customer. Trademarks help identify company products. It takes years to build goodwill. A well-known trademark is a symbol of the assurance given by the company to its customers. He can talk almost all about the manufacturer. The trademark registration in Cochin includes functions such as:
(1) Identification of origin and source for product quality.
(2) Ensures uniform standards in quality
(3)) effectively advertise products
(4) Creates goodwill and image for the product.
The importance of trademark Search
1. Trademark search will avoid violations of applicable law (s).
Availability is an important criterion when deciding on a trademark that will avoid any duplication.
A trademark must be not only unique but also have the right trademark classification.
Every potential conflict can be avoided by doing a brief search.
2. Trademark classes
According to Nice’s classification of trademarks, which is the international classification of goods and services, there are 45 categories divided into 1 to 35 for goods and 36 to 45 for services. Before a trademark search can be performed, a class search is required to determine what class the product belongs to.
3. Checking measures for trademarks
Log on to the official website of Trademark Registration in India: https://ipindiaonline.gov.in.
Click the Trademarks tab, and then click Public Search.
There are 3 search criteria available:
– Vienna Code
Class Details: This is a feature provided to find out what type of product a product belongs to. Search is available in different languages.
Known marks: It is a list of all known marks determined by some officers.
Restricted Marks: Provides a list of all Marks that cannot be used in trademarks. Using any of these can reject the trademark application. Example: Mahatma Gandhi, ISO, National, etc.
Vienna Code Classification: It details the international classification of metaphorical elements of the virtue required to check a trademark on Vienna code search criteria.
It is advisable to search for a trademark before trademark registration. If all the boxes are already ticked, the registration process will be simple and easy.
Features of the Trademark
- Section 2 (1) (ZB) of the Trademark Act, 1999 states that a trademark must be a mark that includes a device, title, brand, label, ticket, signature, word, letter, name, figure, packaging or combination. A combination of colours or any of the above features.
- It should be graphically represented.
- It must serve the purpose of distinguishing the manufacturer’s products from others.
- Shapes, colour combinations and packaging can be protected as trademarks.
- Use or implied use should be in relation to any particular goods or services.
- He should be able to represent the connection of the person / group of persons with the provision of goods or services.
- Trademarks may be approved by continued Check or by trademark registration under the Trade Marks Act, 1999.
- Trademarks protected by use are linked to the goodwill of the enterprise achieved through continuous use. On the other hand, protection can also be provided for intended use under the 1999 Act.
The misleading equality test applies to a product’s trade dress-related passing-action. The party claiming to pass the trade dress must prove that the trade dress has secondary meaning or goodwill or reputation in the market in relation to the trade dress.
In India, trademarks are protected by a combination of both specific laws (e.g., the Trademark Act 1999) and, for example, the ancillary law contained under the Customs Act 1962 and the Companies Act 1956.
The Trademark Act and related rules indicate the procedure to be followed before the trademark registry. In the case of civil proceedings initiated before the courts, the Code of Civil Procedure 1908 applies. Enforcement Rules 2007 apply. Where trademarks or names are used in the name of a company, the Companies Act applies with the rules prescribed under it. Criminal enforcement cases are brought. In addition, there are government guidelines as well as other guidelines for regulators such as the Advertising Council. In some cases, unique laws, such as the Symbols and Names (Prevention of Improper Use) Act 1950, also apply.
An individual or entity that sells products under a trademark gradually acquires exclusive rights to the trademark through consumption. However, to prevent competitors from using a particular trademark, trademark registration under applicable intellectual property law is advised for enhanced security. The two types of remedy against unregistered trademark violators are to stop check the creation and criminal proceedings, resulting in appropriate punishment.
Most intellectual property, such as copyrights and patents, enjoy a secure limited period of time, while trademarks can have an indefinite period of virtual protection, provided certain conditions are met. For example, it is important that the trademark registration be used and renewed from time to time. It is also important to take action against violators whenever a spot is found. Trademarks were first registered in Britain in the mid-19th century. It is interesting to note that the early registered trademark (Bass Breweries, 1846) is still in force today.
A trademark registration helps customers easily check the products and services you offer. It makes your product and service stand out among your contemporaries and prospective competitors which is an effective tool to promote your business. The vision, quality and uniqueness of your company is expressed by the logo you choose.
Listing a trademark becomes the intellectual property of a company. A registered trademark acts as a privileged that can be sold, assigned, franchised and financially contracted. It acts as an invisible asset to the organization. Thus trademark registration in the most inevitable asset.