Trademark search

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Trademark search means the action taken to determine the viability and uniqueness of the proposed in comparison to the mark which are already available in the market. Trademark search in India is conducted before applying a trademark for registration.Trademark search also gives an idea about similar or deceptively similar mark that exists. Trademark search also protect us from adopting a mark which clash with well-known marks or prohibited marks.The main purpose of trademark search is to identify any prior existing trademarks that may be similar or identical to the proposed trademark and may create a likelihood of confusion among consumers. Trademark searches can be narrow in scope or can include results from every avenue for trademark protection for every mark is remotely similar to the mark that is the subject of the search.

If two trademarks for two separate companies are too similar, consumers will be confused and not know which goods are from which company. For this reason, there are laws in place that protect registered trademarks from being duplicated and prevent consumer confusion. If a trademark owner would like to register a trademark, they first must search to make sure their design is not too similar to any other company’s trademark.

WHAT IS A TRADEMARK ?

Before delving into the topic of trademark search it is crucial to know about the trademark. A Trademark is a word, logo, design, symbol, phrase or a combination of these things that identifies your goods or services. It’s how customers recognize a trader in the marketplace and distinguish you from your competitors. The word “trademark” refers to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited only in the geographical area in which you are providing goods or services. If you want stronger, nationwide rights you need to register your trademark immediately. Every time you use your trademark, you can use a symbol with it. The symbol informs the consumers and competitors about the trademark you claim. The symbol TM can be used for a trademark even if your trademark application is pending. Once you register your trademark you can use the symbol ® with the trademark. The Trademark registration symbol is generally used by all trademark owners in a superscript or subscript manner to the right of the trademark.