This is a more comprehensive search where search is made for marks which are not only identical but also marks which might be considered deceptively 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.

Trademark Office Search

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 search is made for marks which are not only identical but also marks which might be considered deceptively 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.

INN Search:

INN stands for International Non-proprietary names. 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 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 at https://www.who.int/medicines/publications/druginformation/innlists/en/

Company Name Search:

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

Domain Name Search

The domain name is the face of your business and getting a .com extension of your brand is crucial. This does depend on a variety of factors as to how the trademark is to be used. Having said that, the non-availability of a .com domain name of the trademark selected is a vital factor to be considered while clearing the trademark for registration.

Common Law Search

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.