Trademark is a word, design, or symbol which differentiates a product from other products of a similar kind. It is considered to be a part of intellectual property rights.
As per Section 2 (zb) of The Trademarks Act 1999, trademark refers to a mark that is capable of being represented graphically; which is capable of distinguishing the goods or services of one person from those of others and may include the shape of commodities, their packaging and combination of colours.
According to the NICE classification of trademarks, which is an international classification of goods and services, there are 45 classes which are divided as 1 to 35 for goods and 36 to 45 for services. Before a trademark search is done, a class search would be necessary in order to determine which class the product belongs to.
|Search Criteria||Keyword Fields|
|Wordmark||Wordmark, class, goods description|
|Vienna Code||Vienna code, class|
|Phonetic||Phonetic, class, goods description|
The following tools are available on: https://ipindiaonline.gov.in
This is a search facility provided to find out which class a particular product belongs to, based on the kind of product. The search is available in various languages.
It is a list of all the well-known marks as determined by several authorities
It provides a list of all the marks that cannot be used in a trademark. Using any of these would lead to the rejection of the application of a trademark. Example: Mahatma Gandhi, ISO, national, etc.
It gives the details of the international classification of the figurative elements of marks that are required for checking a trademark on the Vienna code search criteria.
It is imperative to do a trademark search before the registration of the same. If all the boxes are ticked beforehand, the registration process will be smooth and easy.
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