Intellectual Property / Trademark / Standard search for establishing registrability of Trademark

Standard search for establishing registrability of Trademark

A trademark is the unique identity of a business that helps its product and services standout from other products. It can be in the form of a photograph, logo, word or a combination of color and graphics. It is imperative to get these unique identities registered, as it is the ‘Intellectual Property’ of the business. Registering a trademark allows a company to protect their brand from trademark infringement. 

The Trademarks Act, 1999 was enacted by the Government of India to protect the users of trademarks. It aims at protecting the trademark users and providing legal remedies if their rights are infringed. Trademark helps in identifying the true owner of the product/service; and it protects the trademark user from Trademark Piracy by preventing any unauthorized usage of it by anyone apart from the owners of the product/service. 

Why is it important to conduct standard search?

The very first step that the business must be taking is getting its trademark registered. Prior to this, the business should ensure that the trademark has not been registered already by any other company. In order to ensure this, the business must conduct a trademark search which can be easily done by providing the word mark and mentioning the class under which its being registered on the Controller General of Patent design and trademark website. This search will ensure that the trademark is not prohibited or is not similar to any other registered trademark.

Process of Standard search:

  1. Go to the Controller General of Patent design and trademark website.
  2. Choose ‘wordmark’ as the search type on the top of the page.
  3. Enter the ‘class’ under which the trademark is being registered amongst the 45 classes that will be provided on the website.
  4. Finally, click on ‘search’ to begin the standard search.
  5. The website will display the results and if it shows that there is no match found for the wordmark, it implies that there is no registered trademark for the same. 

Advantages of standard trademark search:

  1. Avoiding a trademark infringement suit by a party that has already registered the trademark for its business.
  2. Minimising the risk of challenges that could occur by the owners of similar trademarks that are discovered in the trademark search.

Service Delivery Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later.
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients shares a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Service Inclusions

  • Professional Fees

Service Exclusions

  • GST, Government Fee and other Additional Taxes

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver service as per client satisfaction. Keeping focus on maintaining affordable prices and delivering excellence we aim to make worth every penny our clients spend with us, and build a lasting relationship with them.