LegalRaasta offers Affordable Trademark registration services

A trademark is one approach to efficiently and distinctively present your goods or services to the broader public in the form of words, marks, or taglines. A trademark is another inexpensive approach to promote your product. When you offer your products a name or identity, it could take the form of an image, letter, slogan, or color scheme. However, managing the trademark becomes difficult when a third party starts using it without your consent. This is thought to violate someone else’s trademark. Therefore, register your trademark at a low cost in India.

Purposes of a Trademark

1. Ensures the quality of the product and service by connecting it with a reputable manufacturer.
2. Grants brands exclusive rights over visual components that make them distinctive.
3. Aids in promoting and marketing goods or services
4. Provides legal defence against products that are fake or copied.
5. Facilitates the launch of a product into new markets and market segments.
6. Makes it possible for the company to develop stronger goodwill, reputation, and dependability.

Some of Trademark Types

• A picture, a logo, a 3D shape, or letters
• Sound marks for audio formats
• Using letters and numbers together to represent a brand
• The company name
• Graphic design or a logo

Concern with trademark infringement

There are various ways to view trademark infringement. Our exclusive right is occasionally violated by another party, although this is not always the case. Therefore, it is important to examine the legal provision to determine what constitutes infringement and what does not in order to discover the truth.

Drawback of Trademark Infringement

We all know that we live in the second-most populous nation in the world, making it difficult to keep track of who else is using our trademark. In addition, when someone else uses our trademark, they often modify it to use it for their own business, making it difficult to challenge the trademark on the surface. The maintenance of a trademark portfolio is made more difficult and complicated by these factors. Under Indian trademark law, using someone else’s trademark is trademark infringement, which is wrong and illegal.

The loss of the original owner’s reputation and company value are just two examples of the many ways that trademark infringement can hurt the owner. When a trademark infringement lowers the quality of your product, it will result in dissatisfied customers who feel taken advantage of without realizing that it is not you who is doing it. In this way, the value of the current business begins to decline as customers begin switching to a different brand. Due to all the unethical tactics used by their rivals, trademark owners turn to experts who can manage their portfolio of trademarks and keep an eye out for such behavior. Additionally, to minimize any losses to corporate expansion. Therefore, one should contact a legal advisor for Trademark registration at an Affordable Price from LegalRaasta in order to avoid all these repercussions of trademark infringement.

Trademark Registration at Affordable Price

You can get help from LegalRaasta finding unusual brand names, or we can create a trademark search report for your business. The official application fees are between INR 4500 and INR 9000 per class and mark. LegalRaasta may impose costs for Trademark Registration at an affordable price based on the application requirements if the Trademark Registry rejects your application or if there are any additional requirements.

The following guidelines apply to Trademark infringement:

• Trademark infringement occurs when your trademark causes confusion among the general public as a result of its similarity to another registered trademark.
• Infringement occurs when you employ a mark that is identical or nearly so for a product.
• Regardless of whether the mark is applied to goods in the same class, employing a mark that is confusingly similar to a well-known brand constitutes trademark infringement.
• The reputation of the registered brand suffers when it is used in any type of advertisement.
• It is not a violation of trademark infringement to use a mark to indicate a good’s nature, quantity, or quality.
• Let’s say you are employing someone else’s words, but doing so falls beyond the purview of trademark registration. The opposing party cannot thereafter raise a trademark registration Therefore, register your trademark for a reasonable fee.

Conclusion

A trademark should increase the perceived worth of your company’s goods and services and build brand recognition. There are various ways to view trademark infringement. Our exclusive right is occasionally violated by another party, although this is not always the case. Therefore, it is important to examine the legal provision to determine what constitutes infringement and what does not in order to discover the truth. You should be aware of the trademark infringement at this point. You should thus bear these things in mind as you develop your trademark strategy. Whether you already own a trademark or are planning to apply for one in India, this will benefit you in both situations. If you want to register your trademark in India quickly and easily, you can always get in touch with LegalRaasta if you think it is preferable to engage professionals to handle it for you rather than run the risk of making mistakes.

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What is Trademark Class?

According to the NICE classification, commonly known as the International Certification of Goods and Services, trademarks are divided into 45 separate classes. Choosing the right trademark class for your product offers is the first stage in the trademark registration process. Of those 45 classes, 34 fall under the “Goods” division and 11 fall under “Services,” and each class demonstrates a certain category of Goods and Services. Selecting the appropriate class is essential when submitting an application for Trademark Registration. When choosing a suitable class for your goods and services, a Trademark Search is conducted. It includes over 80,000 goods in this categorization.

What does an initial trademark search entail?

Before investing time and money in a mark, a preliminary trademark search, sometimes referred to as a knock-out search, is the first step in the trademark registration process. Typically, it entails searching through the trademark database at ipindia or with the help of the LegalRaasta Team. Finding identical trademarks that are already registered for any goods or services that are similar to yours only requires a fast search.

What Trademark Class Should I Pick for Trademark Registration?

1. Consider any reputable multinational logistics company with a straightforward logo as an example. It cannot be duplicated or imitated by any other company. Once a distinctive identity or mark has been developed to represent your brand or business, it makes sense to get it protected from unauthorized usage. You are given the essential brand protection thanks to trademark registration in India.
2. The NICE Classification was formed by the NICE agreement signed in 1957, and the Government of India has codified the classification of goods and services based on that classification. Every year, a new edition of goods and services is released, and each class categorizes particular commodities or services under which a trademark search for a specific product is required.
3. There are two categories of products: goods and services. There are 45 classes used to categories all products and services. Two groups make up the classification of trademarks. Trademark classes 1 through 34 cover “Goods,” while classes 35 through 45 cover “Services.” Based on product offerings, one must select one of 45 classes as applicable.
4. The choice of a trademark class is frequently a perplexing process that necessitates the technical knowledge of a legal specialist. You can decide whether you need to register for numerous trademark classes or what level of protection is granted under a particular class with the help of professional advice.

Benefits of a Trademark search

• Find Potentially Conflicting Marks: The main purpose of a trademark search is to inform you whether someone has already started using a mark that is identical to or similar to yours. You risk being sued for trademark infringement if your proposed mark injures an already-registered mark. Such proceedings result in legal fees, financial losses, and the requirement that you discontinue using your mark name.
• Save time and money: A thorough trademark search will enable you to steer clear of unforeseen marketing and production expenses. Any identical or confusingly similar marks that are already registered or pending will be made public. Therefore, by choosing not to file the same name and government fee if you find that similar marks already exist, you will save money on the trademark application charge.
• Results of a thorough analytical search: The trademark search will examine marks that are comparable in sound, appearance, and meaning. Additionally, it scans for alternatively spelled marks, anagrams, wildcards, word truncations, root words, multi-character substitutions, word segments and permutations, pseudo marks, and other things. If there is a similarity in look, sound, meaning, or business impression, a trademark infringement may also be present.

What embodies your product the best?

• For instance, if you sell infant clothing, you should check the availability of trademarks in trademark class 25, which offers broader protection for items like clothing, footwear, and headgear. This is because your business expansion plan may call for you to expand the product line in the future to include adult wear.
• Consider the classification for vehicles in trademark class 12, for instance. For this reason, a business introducing a new car or truck must look for the trademark name under class 12. It is possible to apply for registration if the necessary trademark is accessible for registration, or, to put it another way, if the trademark is not already registered under someone else’s ownership in that particular trademark class. Finding the suitable class for your goods can be done by running a trademark search for class on LegalRaasta.
• If you produce beer, choosing trademark class 33 for your product trademark registration could seem obvious. Beer, on the other hand, is categorized under trademark class 32 since it is thought of as a non-alcoholic beverage.

Do I require just one class, or should I submit applications for several?

You might be required to register your trademark under a certain trademark class or classes if your company deals in a variety of products or industries in order to receive stronger intellectual property protection. Large corporations like the XYZ company have their logos registered under a number of classes that indicate the variety of commercial activities they engage in, including petrochemicals, telecom, retail, and digital, among others. Your questions about submitting a multi-class Trademark Application will be answered by the key aspects of trademark class 99 application. Similar to this, any XYZ firm, despite being a one entity, is registered under four different classes due to the variety of goods or services it provides. A trademark registered under several classifications gives the owner more protection.

Various trademark searches

Three terms might be used when looking for a trademark. The first is a wordmark search, the second is a phonetic search, and the third is a Vienna code search. Depending on the type of business you own, you will choose a different search option as follows:

1) Phonetic search: A number of trademarks may sound identical when pronounced, depending on the speaker. Therefore, it’s important to consider the pronunciation when looking for a trademark. The outcome of a phonetic search is WORDMARK, which sounds similar. Therefore, it can take a while for the outcome to appear.

2) Wordmark search: The term “wordmark” is now used to describe a particular design for the written name of a company, organization, or product.

3. Vienna search: The applicant must choose Vienna search if the trademark has figurative elements or a logo.

Is retaining legal counsel required for trademark searches?

It is important to acquire expert assistance to perform the trademark search even though it is not required to employ an attorney to do one before filing. Along with the legal opinion of the attorney regarding the likelihood of trademark registration, you will receive a list of marks that are similar to the proposed mark.

Conclusion

A trademark is anything you use to distinguish your goods from those of competitors, including words, colors, logos, shapes of objects, sounds, and three-dimensional designs. In terms of services and goods, a trademark classification is the most important classification. Once a trademark has been registered, its owner is entitled to trademark protection. Various classes are used to categories the creation of products and services. Trademark examiners and attorneys organize documents like applications for trademarks and service marks in line with the different Trademark Classes in accordance with the description and breadth of the goods and services that the trademarks cover.

With the help of our knowledgeable legal counsel, trademark Search is made simple, affordable, and quick. Our team of knowledgeable and experienced lawyers, chartered accountants, and company secretaries is on call to help you choose the best trademark classification for the goods and services you need to file applications, as well as to handle all the legal requirements on your behalf, making the process stress-free for you. In this article, we have provided an exhaustive guide on Trademark Classes. Therefore, if you want to register a trademark Search without making any mistakes and put your mind at ease, get in touch with the professionals at LegalRaasta. One thing that must be kept in mind is that a trademark cannot be comparable to another trademark that has already been registered. Visit our website, Legal Raasta, for additional details on How to check a trademark’s status and other topics. Call us at 8750008585 or email us at contact@legalraasta.com with your inquiry.

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Trademark Search

Registering your intellectual property is an essential step in protecting your labour of passion. After selecting a trademark, conduct a public Trademark Search using Trademark Search Online to determine its uniqueness. If someone else registers a trademark that is similar to or the same as yours, you must change it or replace it. You can make sure that your proposed trademark won’t conflict with any already-registered marks by performing a trademark search.

Process for trademark search

• To ensure a speedy and simple trademark registration procedure, LegalRaasta conducts a free trademark name search prior to drafting your trademark application.
• Using Trademark Search Online, the public trademark search is finished.
• We click the “Start Search” button in the search results after providing all the essential data to see the search results. On the table will be the necessary information for each trademark, including the S. No., related trademarks, and images. To view a detailed report of all the trademark findings after ticking all the boxes, click the “report” button.
• The application is subsequently forwarded to the trademark registration for approval.
• The trademark registration investigates any infringement and holds an objection hearing.
• If no objections are raised, your trademark will be registered in 1–1.5 years.
• Therefore, conducting a trademark search is crucial when registering a trademark. Due to the vast number of businesses in India, you should use Trademark Search Online to carry out a trademark search as you may be infringing upon a trademark that has already been registered.
• If no identical trademarks are found after conducting a search, the trademark may be filed.

Benefits of Trademark Search in India

• Your company name or trademark may sound similar to other well-known marks; trademark searches will assist you determine this.
• It provides a list of trademarks that are restricted from private individual registration so that you can check to see if your brand name or trademark is on the list.
• A TM search will give you information and specifications about other trademarks and brand names that are similar to yours and fall under the same Vienna Code Classification if your brand name contains a logo or other visual component.
• If your brand name has gained market recognition, you may be able to register it, therefore completing a trademark search is essential to save time and money.
• It is also avoided to put money and effort toward a goal that might not be achievable.
• Additionally, before the goods and services go on sale, it offers you the chance and time to update the mark.
• We can save money by avoiding the forced rebranding’s accompanying business disruption costs as well as the expenditures related to dispute litigation.

 Categories of Trademark Search in India

• Wordmark Search: To conduct a wordmark search, choose the ‘wordmark’ option from the list of search types, and then enter the proposed trademark’s keywords in the box that appears. One can only search using one class at a time in the Indian trademark database. Any prefix approach, such as “Starts With,” “Contains,” or “Match With,” can be used to do a wordmark search.
• Phonetic search: It is used to find words with similar phonemes. With the exception of the prefix method, a phonetic search follows the same methodology as a wordmark search. As a result, the trademark phonetic search can be carried out similarly to how it was previously explained.
• Vienna code lookup: It’s employed in visual arts. Finding similar device marks is the main use of the Vienna code search. The “Vienna code” section must be filled out with the six-digit code before selecting the proper class. All of the marks that contain the device will be shown in the result table after the search.

Why is a trademark search necessary?

• Before submitting a trademark registration application, a public search will eliminate any possibility of misunderstanding that could harm the company’s reputation or brand value, the business, or both.
• If you use the same trademark while conducting business, the other company may bring legal action against you.
• For each company or business, selecting a strong trademark is essential since it serves as the company’s public face by establishing brand value and guiding businesses in selecting the most appropriate trademark.

Classifications for trademarks

This categorization is used by the Indian Trademark Registry to categories trademarks. Due to the fact that each class denotes a certain category of products and services, you must choose the correct class in order to obtain credit. Trademarks are categorized into 45 different classes in accordance with the NICE classification, commonly known as the International Certification of Goods and Services. A specific type of goods and services are identified by each class of trademarks. 11 of the 45 classes are for services, leaving only 34 for products. The classification of goods and services under trademarks is another name for this process. There are several classes that separate the various trademark categories.

Trademark Classification based on Goods

• If you don’t mention the purpose of the finished items, the client can compare them to similar finished things by their usage and function.
• A product with numerous uses can be categorized into any of the classes that correspond to one of those functions, or additional factors like the product’s manufacturing process or operational mode should be taken into account.
• The classification of raw materials or semi-worked goods is based on the material from which they are formed.
• Any product that is a component of another good or is made up of different materials is put in the same class as that other item.
• In all other cases, the first point made above is conclusive.

Trademark Classification Based on Services

• The basis for classifying the services according to the branches of the activities is the explanatory notes and the headers of the service classes.
• When categorizing them, you can also add any rental services in the same category as “services delivered by rented objects.”
• Issues pertaining to guidance, information, or consulting fall into the same category as any service that offers these services.

Conclusion

A trademark is anything you use to distinguish your goods from those of competitors, including words, colors, and logos, shapes of objects, sounds, and three-dimensional designs. In terms of services and goods, a trademark classification is the most important classification. Various classes are used to categories the creation of products and services. In this article, we have provided examples of several types of trademark searches in India. As you can see, carrying out a public search is a necessary step in the trademark application process. Before submitting an application for trademark registration, conducting only a quick trademark search is not always sufficient. The LegalRaasta team is available to assist you in identifying the classification of your items. So, to ease your worries, get in touch with the team at LegalRaasta if you wish to do an error-free online trademark search. On the other hand, a thorough search carried out with the aid of an expert agency will identify any potential disputes with other trademark owners.

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Sony has now been given the green signal to launch it’s much anticipated  PlayStation in India. The global launch of Sony PlayStation 5 was supposed to be initiated on 12^th November 2020. But in India, it’s launch date was delayed. The launch was delayed because of a trademark dispute between Sony and a Delhi resident.

A resident of Delhi, Hitesh Ashwani, claimed that he filed for the same trademark on 29^th October 2019. Sony was not aware of the case until 6^th February 2020, when it filed for the same trademark. This halted the launch of the PlayStation  in India.

Although, after many legal issues, Ashwani flagged the way for Sony and withdrew his trademark application. Hence, making it possible for Sony to launch the PlayStation 5 soon in India. According to the trademark registry, Ashwani issued trademark registration under the application number “4332863” back in 2019. This was opposed by Sony Interactive Entertainment Inc. in the court, which led to proceedings under section 21 of the trademark act, 1999. However, on 26^th October 2020, Hitesh Ashwani withdrew his trademark application.

After all the legal disputes, the company now is preparing for the launch of it’s most anticipated “Sony PlayStation 5” in India. The PlayStation is supposed to be launched in two alternates in India – “Digital Edition and a Regular Edition (incorporated with CD dive). The starting price of the PlayStation is fixed at Rs.39,990 for the digital edition. While for the regular edition, the price has been fixed at Rs.49,990. The specification of both the options of the PlayStation is the same. The price of the accessories that come with Sony PlayStation 5 has also been fixed by the company.

The price of the Sony PlayStation HD camera has been fixed at Rs.5190. While, the price of a dual sense PlayStation 5 controller is fixed at Rs.5990. Along with these, Sony has launched other accessories. The price of the media remote of the PlayStation is fixed at Rs.2,590, the price of the pulse 3D headphone is fixed at Rs.8590 and the price of Dual Sense charging station is fixed at Rs.2,590. All these prices have been fixed as per Indian Rupees.

The release of Sony PlayStation is still a secret. The PlayStation maker is yet to inform the retailer about the date and information about the sale. Although, the rumor that is floating, is that the company will launch the Sony PlayStation 5, in December 2020.

We provide all kinds of legal services like Trademark Registration, Company Registration, FSSAI License, and many more. So, contact the expert team of “LegalRaasta”, for a completely smooth and hassle-free process.

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A Trademark filing could be of anything such as sign, design or expression which identifies products or services from a particular source. A Registered logo provides its owner an exclusive right to use that mark to identify or represent its products or services. In India, Intellectual Property awareness has steadily increased among businesses over the last decade and the number of trademark applications has increased steadily. Therefore, it is relevant for the existing businesses as well as for new businesses to register their marks and be aware of trademark application which is similar to the interests of the business. In this article, we will let you know the process of conducting a Trademark search in India.

Trademark Database

Registered trademark and Trademark registrations are controlled by the Controller General of Patent Designs and Trademarks. Through this website, an online trademark search database is available and you can use both professionals and non- professionals to do a trademark search. It contains all the trademarks application submitted to the Trademark registrar in India including registered, applied, objected and expired trademarks. A trademark search of the trademark database will provide you with valuable information relating the trademark search query.

How to do a Trademark Search

For doing a trademark search in India, you have to visit the trademark search database using a web browser.

Following are the steps:

• Select Wordmark as the Search Type at the top of the page.
• Enter the wordmark you would like to search the trademark database with. There are three conditions on which trademark database can be compared against the search query- “start with”, “contains” and “match with”.

» Start with will display all entries in the trademark search database that start with the value provided for search.

» Contains will display all entries in the trademark search database that contains the value provided for search.

» Match with will display all entries in the trademark search database that matches with the value provided for search.

• Enter the applicable class. Basically, trademarks are divided into 45 classes and with each class representing a distinct group of goods or service. So, a registered trademark or trademark application will only be pertinent to the class under which it was applied for.
• Click search to begin the trademark search.

Understanding Trademark Search Results

In the below example, the trademark search results for the word “Ford” under Class 12 ( related to vehicles) is displayed.

In the above page, there is a list of trademark search results of all the trademarks that start with the word “Ford” registered under class 12. There is no doubt that Ford Motor Company of Canada Limited is the owner of the wordmark ” Ford” under class 12. You can select the option “show details” would display information pertaining to the trademark application number, application date, owner information, trademark validity date, a trademark used since date and a description.

A single search can bring up a number of similar things. Besides, the understanding the trademark search status is essential for interpreting the implications. If in case, no match is found then there are no registered or applied trademarks that have the same name. In addition, trademark search database for the same query with a different match type or a modified query is then recommended.

Trademark classes of Goods

Class 1. Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.

Class 2. Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants.

Class 3. Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics.

Class 4. All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.

Class 5. medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.

Class 6. Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes and other small metal hardware, also ones are included

Class 7. Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs) and agriculture machines (hand operated not included).

Class 8. Hand tools, cutlery, razors, and side arms.

Class 9. Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.

Class 10. Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.

Class 11. Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.

Class 12. Vehicles and apparatus for locomotion (in/by land, air or water).

Class 13. Fireworks, Firearms, Explosives, and ammunition (also projectiles).

Class 14. Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.

Class 15. Any Musical Instrument.

Class 16. Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paint brushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.

Class 17. Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).

Class 18. Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.

Class 19. Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.

Class 20. Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.

Class 21. Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.

Class 22. Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).

Class 23. Threads and Yarns (textile use).

Class 24. Textile and their goods; bed covers and table covers.

Class 25. Footwear, clothing, and headgear.

Class 26. Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.

Class 27. Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile.

Class 28. Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.

Class 29. Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).

Class 30. Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.

Class 31. Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals.

Class 32. Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.

Class 33. Alcoholic drinks (excluding beers).

Class 34. Smoking articles, Tobacco, and matches.

Trademark classes of Services

Class 35. Business Management; advertising; business administration and other office functions.

Class 36. Financial affairs, Insurance; Monetary affairs; real estate affairs.

Class 37. Repair, Building construction, Installation Services.

Class 38. Telecommunications

Class 39. Packaging and storage of goods; Transport.

Class 40. Treatment of Materials.

Class 41. Providing training; Entertainment; sporting; Education and other cultural activities.

Class 42. Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their designing.

Class 43. Services related to providing drinks and food or temporary accommodation.

Class 44. Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture, and forest services.

Class 45. Legal and security services; personal and social services.

Benefits of a Trademark search

You will realize the fact after knowing the benefits of a trademark search that you need it before using a mark name, logo or phrase in commerce. There is a need to do an in-depth trademark search analysis which is even highly recommended to determine if your proposed mark is available and clear of potential conflicts. Following are the several benefits in a trademark search:

• Discover Potential Conflicting Marks

The first and foremost work of a trademark search is to let you know whether someone has already begun to use an identical or similar mark. If in case, your proposed mark conflicts with an existing mark then you are inviting an infringement lawsuit. Such actions cost you legal fees, monetary damages and would force you to stop using your mark name. Before you invest time and resources in a mark such as product name, marketing materials, design logos etc, it is critical to know if your mark is free of any possible conflicts.

• Save Time and Money

Second thing, through trademark search you can save your time and money. Moreover, a comprehensive trademark search will help you to avoid lost marketing and production costs. Instant saving can be done when trying to file a trademark application with the patent and trademark office. It will reveal any registered or pending marks that are exact or similar to your mark. Hence, if you discover that conflicting marks already exist then you will save yourself the trademark application fee by not filing the same name. The fee of government is typically non-refundable.

• In-depth Analytical Search Results

The trademark search will look at marks that are sounding similar, appearance and meaning. Not only this, but it also looks for marks having alternative spelling, anagrams, wildcards, word truncation, root words, multi-character substitutions, word segments and permutations, character replacement truncation variations, pseudo marks, and more. For example, if you search for “Cat dresses” then the trademark will show if “Kat dresses” exists. However, they are spelled differently but both the marks have similar sounding and meaning. A trademark infringement may also exist if it is similar in appearance, sound, connotation and commercial impression.

Note: It is mandatory to notice one thing that a trademark to be registered must not be similar to any existing trademarks.

For further more information related to How to check trademark status or more, you can visit our website: Legal Raasta. Give us a call at 8750008585 or send your query on Email: contact@legalraasta.com.

Related Articles:

All you need to know about Trademark Search

International Trademark registration Guide

Brand registration guide

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LegalRaasta’s Trademark Search is a one-stop shop for all your trademarks searching needs. It gives a bird’s eyes view of all the things required in a trademark search. It provides a list of all well-known trademarks, prohibited marks, Vienna code classification, and International Non-Proprietary Names. At a quick glance, you would be able to eliminate grounds for absolute refusal of the trademark.

The second way to do it is through entering a keyword, being a wordmark or under the Vienna code or a phonetic device and check for similar marks in different classes in reference to marks “starting with” or “containing” or “matching with”. This way you can make a search report of marks in various classes that might be similar to your mark and thus avoid relative refusal of trademark and future disputes.

There are various other databases of World Intellectual Property Organisation (WIPO), USPTO, EU IPR authority and databases of other countries that can be checked in case of an international trademark application under Section 154 of the Trade Marks Act,1999.

Anyone can do a trademark search but interpreting the search results is altogether a whole different ball game. While conducting a search there will be very minute similarities between the marks which you might fail to pick up but an expert would notice instantly. So it is better if you ask for a search report from a lawyer.

Read more: Consequences for trademark infringement

Pursuant to the Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957, a Nice Classification of Goods and Services is published under the aegis of the World Intellectual Property Organisation (WIPO) and is available on their website. India is not a signatory to the Nice Agreement nonetheless, follows it with precision. In 2010, the Trademark Rules were amended to demerge certain services from class 42 and create classes 43, 44 and 45 to align it with the Nice Classification.

Perhaps the most comprehensive trademark database is WIPO’s Global Brand Database. It is a database of all types of Intellectual Property ranging across several countries and national, regional and International IPR regimes.

“Perform a free Trademark Search before applying for it.”

Benefits of conducting a Trademark search before registration

Following are the advantages of conducting Trademark search:

• It prevents you from spending resources and money on a mark that may not be available.
• It provides you with time and flexibility to modify your mark before you launch your product/service
• It helps you to avoid the costs business disruption associated with a forced rebranding
• It helps you to avoid the costs of litigating a dispute
• It provides you with insight on how to brainstorm for a mark mindful of potential registrability concerns.

For further more information regarding trademark registration form, trademark search or International trademark registration, visit our website: LegalRaasta and follow our blog. Our experts will help you to get the trademark registered. So, give us a call at 8750008585 and feel free to send your query on Email: contact@legalraasta.com

Related Article:

What is the difference between Trademarks and Service Marks?

How to get Trademark Rectification

Trademark Guide: Definition, Classes, registration process, fees & time

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