How to Check Trademark availability OR Trademark Search

I am starting with frequently asked questions about of how conduct Trademark availability search & try to answer each & every frequently asked questions, Source: Google Search Engine 

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Without wasting a time,  Lets jump into to conduct Trademark Search, i try to cover each & Every thing Related to How to Check if a Trademark is Already Registered or Not ?
 1. Brand Name ?
 2. Class no ?

In India Goods & services are classified as per International Classification of Goods and Services also known as the Nice Classification was established by the Nice Agreement (1957), is a system of classifying goods and services for the purpose of registering trademarks. Total number of goods & services are being classified into class 1 to 45 classes, in which class 1 to 34 are being classified for manufacturing of goods and from class 35 to class 45, for services provided by the service provider.

First and foremost a thing is to carry out an Conduct Public Search for Trademark Registration. so you should Hire a Professional Trademark Agent for proper Trademark Search and making a Trademark Application to Trademark Registry in India.  A detailed Trademark search gives a fair idea about similar/and identical Trade Mark cited in the Public Search, which helps in taking decision that where we have apply such trademark or not. This will confirm that your trademark is unique and protect you from later legal challenges. It will keep you from wasting time, money, and effort later on.
 Go to Google search engine & simply type Public Search

  

or Click on the this Link: Public Search 

Copy paste this url to the address bar:  

https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

This page will open

“Public Search.” Click this button to go to their online, searchable database.

  

This PUBLIC SEARCH page has 3 main categories which have been broadly classified into  three categories. They are Search Type, Word mark & Class. Choose the search type as — Word mark. Input the first 3 letters of your brand name in the word mark section and change the default choice of “Start With” to “Contains”. Input the class number in Class section. If you are not aware of your class number then check it on this link (http://euipo.europa.eu/ec2/) for Trademark Class details.
 Let’s check the search report for a random brand name NIKE in class 25. After making the data inputs as mentioned above, the page should look like this:

 

Here you will find Search Type: word mark (like in the above Screen shot)

Select Keyword type:      

                       
1. Start with

2. Contains

3. Match With

Our Brand name is:  NIKE

Class details: 25  (Ready made garments)
   

         

Enter your class number and then begin searching. Try to make sure that your chosen trademark does not generate any identical or similar names with your brand names which is proposed to be Applied. Good work!

 Although the Trademark Registry have provided a PUBLIC SEARCH access on its portal (i.e. www.ipindia.nic.in). General public can access this public search database and can check the Probability whiter one should apply that brand or not it depending on the public search result. The result of public search database plays a vital role for finalizing a brand name to begin with or not. It is highly recommended to ALL persons (includes individual, sole proprietor, company includes Private Limited and Limited Company, LLP, OPC, Partnership Firm, Trust, Society or legal entity) to before start any venture, business, consultants or service renderer to conduct prior trademark search before using any brand name for any venture, business, consultants or service renderer. it is the usual practice that ALL persons (includes individual, sole proprietor, company includes Private Limited and Limited Company, LLP, OPC, Partnership Firm, Trust, Society or legal entity) first they start their business with any brand name and the after some time they apply for trademark registration. Although Registration of a trademark is not compulsory. However, the registration is the prima facie evidence to establish the proprietorship of the trademark under registration.
   The availability of a brand name here before deciding to use it in the market. It can save up on all the investment made by you on a particular brand name and finding out that it belongs to someone else already! That would be the worst start to your business!

 Now, Although the Trademark Registry have provided a PUBLIC SEARCH access, it is not that easy to assure that your brand/Trademark will be registered through the search result provided by the same public search database. There are many Hurdles in the  Trademark Act, 1999 and Latest Rules 2017, even though in the Public search data result, where no cited mark or an exact/similar/identical match brand name with your brand name, in the database, will provide you trademark registration certificate.
  Any person (* includes individual, sole proprietor, company includes Private Limited and Limited Company, LLP, OPC, Partnership Firm, Trust, Society or legal entity) which/who can be claiming to be owner of the trademark can apply Trademark with the help of Intellectual Property Registry in India. Who can apply for trademark registration?
 A person* not doing any business or providing any service presently is also eligible to file trademark application and obtain trademark registration certificate on the basis of proposed to be used by any person*.
 Can I apply for a trademark myself?
 Yes, Any person can file a trademark and need not to appoint a Trademark Agent, especially when all the trademark act, 1999 and rules, 2017 are properly complied with a trademark Application to be filed. Any person without professional or specialized knowledge in trademark act, 1999 and rules, 2017. Who wants to get a trademark Registration Certificate, can apply trademark by himself. Only if the case is won, is the trademark granted by the Office/Court.
 Application can be filed online or offline. Once you file the Trademark Application for Trademark Registration in India, Received the Trademark Application Receipt, which Contains Application no, Dated, Proprietor code, Name of the Applicant of Trademark, one can start using “TM” symbol. You can now write “TM” on the Right Hand top corner inside the Circle prominently but don’t mark “R” till you receive the Registration Certificate/s. And the time frame to get Trademark Registration Certificate is 6 to 9 Months, Condition is that there should not be any Objection or Objection's raised by the Examiner of the Trademark and not any Opposition or Opposition's raised (within 4 months from the date of publication of the Mark in Journal) by the Third Party or parties, if any  Objection or Objection's raised by the Examiner of the Trademark then it will take time 18 to 24 months, if Opposition or Opposition's raised (within 4 months from the date of publication of the Mark in Journal) by the Third Party or parties then it varies case to case.
  Also, there are many tricks & tips to conduct Trademark search, here are few example  of it, in which you are allowed to check for the availability Trademark name/word mark, so which one is the right one? And, the public search database can only show you a result of numerous applications for the public search conducted by you, which is very difficult to draw a right conclusion  from it. Let me help you, out with the use of most reliable technique to use the open public search database and check the name availability or brand availability or Trademark availability online instantly.
 Okay! Let’s start. This the link (https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx) to the open access public search database provided by the Intellectual property registry in India.Here we are taking an example of PAN 40 (Pantoprazole oral tablet is used to reduce the amount of stomach acid your body makes) medicine we all use during the acidity. Medicine for human consumption is fall under class 5. 

So, Here Brand or Trademark or word mark is PAN 40 Class is: 5 Now we will visit the same site www.ipindia.nic.in for public search, process is same as earlier. The page will look like this when it loads:   Now, press the Search icon at the bottom and wait for the result to be shown. The search results page should look like the one shown below: That’s showing a result of Total No of Matching Marks: 4042. For a layman, It is very difficult to draw a right conclusion  from cited application's.
 As per our practical experience, most of the time this tricks doesn't work, to find the business name availability/ Check If a Trademark Is Already Registered/ to check a brand name’s availability/ To Check If A Brand Name Is Taken/ to check brand name availability for trademark/Choose your business name/ New Company Name Search/ To Find Out If Your Business Name Is Available/ Trademark Search Online India/to Make Sure Your Proposed Business Name Is Available or not/ to Do a Trademark Availability Search for Your Brand.
  For any queries and assistance on brand name availability for trademark please contact with us. For more Blogs on Trademark Registration or Intellectual Property Registry in Kolkata West Bengal. Please visit: https://sksinghassociates.com/blog