Parker & Parker Co. LLP India

Trademark Search in India

Posted by: Parker & Parker Co. LLP
Practice Area: Trademark    Country: India    Publish Date: 08-Aug-2009

A trademark applicant is not required to conduct a search for conflicting marks before using a trademark, or applying to register a trademark. The most important reason to do a trademark search is to avoid liability from trademark infringement lawsuits. The second most important reason is to identify potential prior users, so you will not have to incur the time and expense associated with changing a name you have invested time and money in at a later date. Third most important reason comes into play if you are planning on registering a mark with a trademark office. If the mark you have attempted to register is the same, or "confusingly similar" to another company's registered trademark for identical or similar goods and/or services, the application will be denied and the registration fees are non-refundable.

Before submitting an application for registering your trademark, you should ensure that a proper trademark search has been carried out. This is to make sure that the trademark you intend to use, or a similar one, is not already registered by another company for identical or similar products. It is advisable to conduct a trademark search not only in your own country but also, as far as is possible, in potential export countries, in order to avoid problems of infringement at a later stage.

A trademark search may be conducted before Trademark Office and/or through a commercially operated trademark database, or you may hire the services of a trademark agent. Whatever the manner you choose. Please bear in mind that any such trademark search is only preliminary. It may be difficult to ensure that your trademark of choice is not 'confusingly similar' to existing validly registered trademarks. This is why the guidance of an experienced trademark attorney and/or agent, who is familiar with the practice of the trademark office and court decisions, may be extremely helpful.

We strongly recommend to conduct search before applying for Trademark Registration.

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