When you start planning to launch another brand, product, or company, it's essential to ensure you have a unique name, or mark, so you can viably market your product. From a legal perspective, you should also know about trademark laws. In the event that you choose a mark that someone else has just been using, you risk being sued for trademark infringement. Also be careful to select a mark that is not confusingly similar to an existing mark, because this also can be grounds for trademark infringement.
So where do you start with a trademark search?
You may surmise that you should quickly go online and search for registered trademarks with the Intellectual Property Trademark Office (IPIndia). This would give you data about which trademarks have been registered or data on pending applications for trademarks. Notwithstanding, makes a trademark search testing that rights to a mark can be established by authentic use of the mark – implying that some legitimate trademarks are not registered with the IPIndia.
Although it's vital to check for registered trademarks, the first step is to do some online research. Use a trademark search engine from Indiafilings to discover companies with a similar name to the one you have as a primary concern. In the event that someone else is using your mark, you should seriously consider choosing another. Also attempt to discover companies or products that are similar to your expected mark. For instance, check for your mark in the plural, with the words improved in an alternate request, and so on. On the off chance that there is a similar mark, but not the very same, you may still be safe if the product is totally unique in relation to yours, or if its absolutely impossible they could be confused. Still, be cautious. On the off chance that there is a mark that could be confused with yours, give it serious consideration before you invest in product marketing or branding efforts.
Next, once you've completed a thorough search online and you think nobody else is using your mark, you should search through existing trademarks and trademark applications. Go to the IPIndia's Trademark Search System and find related marks. While searching Trademarks, take after the same guidelines as with your previous online search: verify whether the correct mark has been registered, and search for variations on the mark. Be thorough and have a go at searching in various ways. Since discovering nothing is the objective – you can't do what's necessary searching to ensure that your mark is unique.
It's not necessary to consult with a legal attorney while selecting or registering your mark, but it is a smart thought. You're investing time, cash, and your reputation in your brand, and you would prefer not to lose it later due to a trademark infringement. A legal advisor who specializes in trademarks can enable you to choose whether different trademarks are confusingly similar, can enable you with a trademark to search, and enable you to register the trademark with the IPIndia.
The QuickCompany's Trademark Application Filing is an extraordinary method to sort out your trademark process so you take care of business the first run through!
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