Trademark Search in India

Trademark search is the process of searching the records of the trademark office to see if the mark searched is already applied for or registered by someone. In addition to the trademark office records, it is advisable to search the records of Company registrations or even the internet to ascertain if anyone is using the mark without applying for trademark registration.

Table of Contents

  1. Trademark Office Records Search
  2. International Non-proprietary Names Search
  3. Company Name Search
  4. Domain Name Search
  5. Common-Law Search

The Indian Trademark Office offers an online trademark search facility for free. The records of the Indian Trademark Office are available online for the general public to conduct a trademark search by providing the proposed mark and the class along with search criteria such as “Starts with”, “Contains and “Match with”.

Knockout Search:

Where a search is conducted to knock-out marks which are identical or pose an imminent threat to the mark to be applied owing to its very close resemblance, such a search is called a knock-out search. In other words, this is more akin to a search where the object is to find out if there is any apparent and most probable hassle to the mark to be applied.

Detailed Search:

This is a more comprehensive search where the search is made for marks which are not only identical but also marks which might be considered similar to the mark in question. This type of search, as the name suggests, is to ensure that there is absolute ‘clearance’ before the said trademark could be applied.

Such a search would be made using several keywords, combinations including aurally similar ones to alleviate the possibility of deceptively similar marks. A search would also generally be conducted online including domain names to determine if there are any marks deceptively similar to the subject mark being used.

As the name suggests, these are names which cannot be appropriated or owned by any person. INNs are common terms used in respect of a drug/pharmaceutical substance that is commonly used in the medical field. Hence the INNs are not permitted to be owned or applied for by any specific entity and no term deceptively similar to the INN can be owned by any entity either. Example: paracetamol

In light of the above, while applying for a trademark, especially in relating to the pharmaceutical industry, it is better to first conduct a search in the list of INNs to ensure that there is no conflict.

The list is regularly updated by the WHO and is available here.

It is advisable that the records of the Ministry of Corporate affairs are checked prior to clearing the trademark for registration. Many a time, the trademark selected might be the name of a company which would not have filed for trademark registration. Considering that India is a common law country recognising first to use, it is important that we conduct this search. Search the company names with the Ministry of Corporate Affairs of India here.

The easiest way to check if anyone else is using the mark is to do a domain name search for Generic top-level domains (gTLDs) like the .com domain name or the country code top-level domains (ccTLD) like the.in domain name for India. If the domain is registered, the next check would be to see if the same is actually used or merely parked by the registrant.

Common law searches can include a search on the internet, local business directories, telephone directories etc. While it is not mandatory to search these, it is advisable to do so to ensure that the trademark selected for registration is clear of all impediments. As mentioned above, considering that India is a common law country recognising first to use, it is important that we conduct this search.

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