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How to do a trademark search

TRADEMARK SEARCH

Have you ever thought that you will be known for your trade mark? Doing business of your entire product under a particular mark? But how will one know it’s already existing, or your mark is used by some else, etc. For that you have to determine first about your trademark and a trademark search helps in that.

An appropriate, dynamic, distinctive, memorable and unique trademark will always add on to the goodwill of the company. When your trademark brings goodwill to you it shows the support of millions of people and their trust in you. Here comes importance of making your own innovative trade mark and for that you need to do a trademark search. The search facility helps in getting information of availability of certain trademark and the registration criteria under various local laws making you sure that your trade mark is distinctive and diluted.

HOW TO DO A TRADEMARK SEARCH

The comprehensive search method help you to identify that the proposed trademark name or logo you want to trade is already in use and can it be protected under trademark registration. Also helps in getting an overview of similar trademark to know whether your mark will infringe another’s right .a “full” or “comprehensive” search that will cover additional commercial and marketplace resources, such as the
Business/trade name, databases, Trade directory databases, Domain name register searches, The Internet, including databases such as (amazon.com, bing.com, google.com, yahoo.com, and social networking websites), Telephone directory databases, Financial status checks; and/or ,Discreet market investigations .such advance search gives you confidence in your trademark and protective use for the same.

Certain factors are to be noted while doing trademark search which includes the nature of the trademark which includes word, a logo, in stylized script, or a combination of features.
To see that the meaning of a trademark and, if relevant, its translation into a local language. It is important to consider if the trademark has any adverse meaning in the local language or if the translation might constitute a term that is generic, descriptive, non descriptive, or deceptively mis descriptive and if the mark includes an acronym, what the acronym stands for are all relevant thing to be noted in to have an effective search.

To have a rare trademark to be available for use and registration in all countries of interest for all the goods and services intended to be used in commerce. At times, an alternative trademark will be required in some countries. A trademark professional will be able to assist with the trademark search and for the choice and clearance of a trademark to ensure that strategic and commercial objectives are reached.

Do you wish to know how to do a trademark search. Biz and Legis trademark attorneys can help you. Call 09847182002, for quick consultation.

Click here for Trademark Search India

How to register a trademark in India

How to register a trademark in IndiaTradeMark India

The procedure for registering the trademark should be as provided in the Trade Marks Act 1999. Any person who claims to be the proposer of a trademark can apply to the registrar to get his trademarks registered in any of the five registries at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad according to the jurisdiction. The trademark application can be made in respect of one or more categories of goods or services prescribed under Schedule IV of the Trademark Rules 2002. The application which is subject to the scrutiny of the Register should be published in the Trademark Journal within six months from the date of acceptance by the Register. When the registrar finds that the mark is not in conflict with any of the pending applications or the previously registered marks and it is satisfied that it is not liable to be opposed under sections 9, 11 and 18 of the Trade Marks Act 1999 it can be registered as a trademark.

The Trademarks can be registered for a period of 10 years which can be renewed for another term of 10 years on payment of a prescribed fee. But if the person is not using the trademark continuously for a period of 5 years then it could be cancelled.

How to register a trademark in Mumbai

The government had made the Trademark office in Mumbai as the head of the trademark registration in India. Maharashtra, Madhya Pradesh, Chhattisgarh and Goa comes within its jurisdiction.

The procedure for registering the trademark in Mumbai starts in with the inquiry of any similar trademark as in every case. The application can be made in the Trademark Registry in Mumbai. The Registrar shall examine the application. After its publication in the trademark journal the third party can make an opposition within three months which can be extended to another 30 days for the maximum which the registrar is bound to decide. When it comes to the knowledge of the Registrar after careful analysis that there is no proper ground for opposition then the Trademark Registration Certificate can be granted.

How to register a trademark in Chennai

The Chennai Trademark Registry has the jurisdiction with respect to the states of Karnataka, Tamil Nadu, Andhra Pradesh, Kerala, Pondicherry and Lakshadweep. The application must be made to the Trademark Registry, Chennai as per the same procedure for registering the Trademark in India.

Trademark Registration in other areas

The Trademarks Registry, Delhi is having jurisdiction over Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Delhi and Chandigarh. Whereas the Kolkata and Ahmedabad is having jurisdiction over Assam, Arunachal Pradesh, Mizoram, Bihar, Orissa, West Bengal, Manipur, Mizoram, Sikkim, Tripura, Nagaland, Andaman-Nicobar islands and Gujarat, Rajasthan, Daman-Diu, Dadra-Nagar Haveli respectively.

What Marks can Easily Trademarked

What Marks can Easily Trademarked

Any name including the personal name, surname, predecessor’s name or signature of the person can be used as trademarks. An individual, business organization, or any legal entity can be the trademark owner. A trademark can be located in a package, a label, a voucher or on any product itself. It can also be displayed on company buildings.registered trademark

Keep in mind that trademarks  should be apt for the business. Trademarks serve to identify a particular business as the source of goods or services. It can also be any invented word or arbitrary dictionary word which does not directly represent the general quality of the products. Apart from these any letters or numerals or any combination thereof, devices, monograms, combination of colors or combination of colors and words, graphically represented sound marks, 3 dimensional signs and shape of goods and their packing can also be used. What Marks can Easily Trademarked

If you need a legal consultation with our trademark attorneys, or if you have any doubts on how to choose a Trademark, or what marks can be Trademarked, just call us on 9847182002 or fill up the contact us form.

How to choose a Trademark

how to choose a trademarkhow to choose a trademark

The important step  of every business is their brand name, there are lot of discussions about how to choose a trademark, Trademark is usually regarded as a visual symbol a design, emblem, picture emblem or logo which is used by a particular company to make their products distinct from similar products made by other companies. We can’t trademark a symbol or a design of other companies, that will affect our companies reputation.

Keep this in mind while choosing a Trademark

Do we remember anything which is hard or difficult for us? Absolutely no. So the trademark should be very easy to remember.

A Repetition? A trademark should make itself distinct from the similar trademarks.

What about a geographical name? We do not have right over a geographical area.

Image on hearing the name. The trade marks should be such that we should have an idea about its image or structure on hearing its name or seeing the logo.

The trademark should not create confusion in the mind of public and it should be in public interest.

A trademark that have no relation to your company or company product is very bad, many companies have logo that has no relation to their product or brand, your trademark should attractive to your consumers. So make sure that our trademark is meaningful and related to our business.

Trademark Renewal Service

trademark renewal serviceWe at Biz & Legis provide services for renewal of once registered trademarks. The brand owner of a particular service can be identified using the trademark. A trademark after registering it with the Trademark Registry has to be renewed every 10 years. Otherwise your trademark would be at the risk of removal from Trademark register. Big and Legis will help you in your trademark renewal service. We also provide you the facilities like informing next renewal date which help you in checking your trademark expiry date. Trademark renewal service can only preserve the rights which are available only to a registered mark.

Avail Trademark Renewal Service and protect distinctive Trade sign

For your trademark to be in force, renew it at the 10th anniversary of its registration. Thereafter every ten years as long as you want it to be in service. We provide renewal services of trademark. Enjoy the benefits of a trademark uninterruptedly. Try to monitor the expiry date of your Trademark. You may loose ownership of a Trademark if have failed to renew your registered trademark. You can avail trademark renewal service from Biz and Legis. Our attorneys will inform you before your next renewal date. If you have already lost or registration got cancelled due to non renewal, Just contact our online attorneys or clear your doubt over phone.

For more details you may also read on Trademark Renewal India or contact our attorneys at 9847182002 for getting a trademark renewal service.

Business Trademark Registration

Registering a business or procuring a license to run your business does not automatically grant you protection for your business name. For example, after months of planning, and frantically running everywhere to get your hands on capital, stock and proper furnishing you start your business under “abc proprietors”. With your devoted attention and whole hearted efforts you build up your business within a few years. But when you are ready to demand goodwill in the market, you are startled to find another business with the same business name “abc proprietors” running alongside you or in another locality. What would you do? You waste your precious time; energy and money which you could have put into more fruitful work on verbal arguments with your competitor or engage an expensive lawyer to do that for you.

Business Trademark Registration to avoid legal battles

Why take the risk? Simply registering your business does not grant you any proprietary rights on your business name. Competition would intensify after you start prospering. So armor yourself with trademark registration to protect you from unnecessary, time consuming and expensive legal battles.

Registering your business name alongside when you procure a license would grant you added advantage of planning beforehand years of expansion. Trademark search would protect you from unexpected surprises of finding another equally developed business with the same trade name.

For queries connected to business trademark registration and business trade name registration contact Biz and Legis. Call us on 9847182002.