IPIndia public search important tips

by varun · Published January 13, 2021 · Updated December 24, 2021

A trademark search is one of the most important and crucial steps in registration of trademarks in India. An registered trademark is one of the most important business decision taken by any organization. IPIndia public search is an online portal maintained by IP authority and it is quite helpful in getting useful information about existing trademarks registered on it.

An trademark search will not only put results of existing and registered trademarks but will also show results of unregistered brand names. Trademark searches not only put results for a given keyword but also for a similarly sounding word as well as image.

Importance of IPIndia public search

Trademark search is an important step in trademark registration in India as it mitigates several risks associated existing trademarks and new one. Let us look at important risks that are present if tm search is not followed properly-

a) Rejection of trademark registration application – Trademark search done properly could mitigate risk of trademark registration application being rejected by authorities. Application for a trademark registration involves crucial time from a company’s owner or legal department. Needless to say, probability of trademark registration application getting rejected is higher if no proper trademark public search has been performed initially.

b) Infringement of existing trademark – If a search for trademark is not properly done then it could lead to possible infringement of someone else’s existing trademark. Infringement of trademark can result in decay in organization’s financial s well as commercial success.

c) Potential revocation of an existing trademark – A trademark that has ben registered can still be taken back if an existing trademark already registered came into light. Thus, it is important to conduct trademark serach as soon as possible. IPIndia public search is an important tool to mitigate this risk at the outset.

Frequency of IPIndia public search

It is useful to know about frequency or time intervals between a IPIndia search on portal. An TM Search just not important during pre registration but also post registration of a trademark. Post registration trademark search will help you in finding out about possible infringement of your trademark as well possible revocation of your registered trademark.

Pre registration trademark search is an mandatory step as it help in determining any trademark that already may have been registered by someone else’s organization. It reduces risk of your trademark getting revoked due lack of proper research. It is important to perform preliminary research in an exhaustive manner to be prevented from a trademark infringement.

Similarly, post registration trademark check is also an important task to be carried out by your legal team. It may be quite possible that any other organization is using your brand name or similarly sounding name for their products and services. You need to be on your tows to protect against infringement on your trademark. This can only be possible if IPIndia public search is performed post registration of trademark too.

Why trademark public search is important?

As we have seen earlier a brand identity is created over a period of time and it is equally important to protect this brand identity at any cost. An registered trademark is useful way to protect your brand name. Trademark search on IPIndia is important during pre as well as post registration of trademark.

Pre registration IPIndia public search will minimize or eliminate wastage of human and financial cost that goes into filing for a trademark registration. No search or incomplete IPIndia public search are one and same thing. If your trademark search is incomplete then it can lead to a possible infringement of someone else’s trademark that already has been registered. In this case, your application would be rejected by the concerned authority. To prevent this, it is important to perform tm search during pre registration stage exhaustively.

IPIndia public search should also be performed actively after registration of your trademark as someone else might have registered for a similarly sounding name or maybe exact name. This can be prevented if proper trademark search is performed after registration of your trademark as well.

Methods to conduct trademark public search

It is always advisable to conduct trademark search with the help of a professional. There is always option to conduct this search internally by allocating responsibility to your internal legal team. But, kindly remember that your internal legal team is also occupied in other legal matters within your company. To prevent wastage of important human resource on this exhaustive task, one should always utilize services of external professionals who are expert in trademark filing.

External IP professionals have got more knowledge of trademark filing and have more experience compared to your internal legal team in the matter of IP India trademark. Surely, cost of having external agency would be comparatively higher but keep in mind reputational loss that can come with a suit of trademark infringement due to incomplete trademark search carried out initially.

We would continue to publish more informative articles on various state pollution control board in future too. Meanwhile, you can read on different types of trade licenses required in India in different subsections of our website.