1

Step by step guide for IPIndia trademark name search – Part 2

|

In previous article on “Step by step guide for IPIndia trademark search“, We discussed on detailed process to be followed for trademark search on IPIndia portal. IPIndia trademark registry is one of the most important database for trademark name search, but it is equally important to search on other databases to to prevent any future loss due to a trademark infringement.

In this article, we are going to discuss other important databases for a complete trademark name search. We would look into Madrid applications designating India, MCA company database, common law databases etc. At the end of this article, we would also design a simple scorecard that would throw always results for trademark registration taking into account our research on all databases including IPIndia trademark search.

International trademark applications designating India

On 8th July 2013, India has joined Madrid protocol for international registration of trademarks. The Madrid system is a cost effective system for registering a trademark anywhere around the world. There are currently 123 members countries in Madrid protocol. It is a centralized system in which applicant need to fill only one application form along with fees for registration of a trademark.

Madrid systems allows trademark owners to protect their trademarks anywhere in the world including India. India can now be designated during international filings. Thus, it is equally important to perform trademark name search on Madrid system as well. This will result in any future costs that can arise due to a trademark infringement of other company of a Madrid systems.

There are three search parameters that are important for trademark name search on Madrid systems-

  1. Mark – Enter your keyword that you want to search for. You can use different keywords like * to enhance your search.
  2. Nice classification – It is similar to trademark name search performed on Indian database. Moreover, you can use multiple classes separated by a comma.
  3. Designating contracting parties – If you want to register your trademark for India then you nee to enter “In’ for India.

Ministry of Corporate Affairs

MCA stands for ministry of corporate affairs. Ministry of corporate affairs maintains all records of incorporated organizations within India. It is very important to search for MCA database to make sure that trademark that you are searching doesn’t conflict with already registered corporate entity in India.

MCA portal allows easy search feature to search for multiple companies or LLP firm. During trademark name search, it is important to search on MCA portal for any conflicting name.

You need to select MCA services > Company Services > Check company name 

Trademark name search

For searching LLP firm name :

You need to select MCA services > LLP Services > Check LLP name

Trademark name search

 

Common law databases

Trademark law recognizes prior usage of a trademark even if not registered, hence, it is advised to search for similar marks even if they are not registered yet. Common law search can be performed on yellow pages and search engines like Google and Bing.

Evaluation matrix for trademark name search registration

Trademark name search is a backbone for trademark registration and search done thoroughly can minimize future risks that are associated with incomplete or no search. There are many databases and tools that are needed o perform a trademark name search. Some of them are IPIndia name search, common law databases, MCA website, Madrid systems etc.

After exhaustive search for trademarks on above databases, it is important to evaluate chances for trademark registration by authorities. There is no pint of selecting a name that would get rejected by authorities due to a already registered trademark registered against it. Following evaluation matrix can be used for final evaluation.

Trademark options Trademark office database score MCA database score Madrid database score Common law database score Total score
Maruti
Maaruti
Mart
Marutui Udyog

Grading of final results should be done on the grades from1 to 5. Names with grading of 5 have very high chances of registration while names with grading 1 have no chances. We need to select names with score of 5 or 4 during trademark name search. 

Though, techniques listed above for trademark name search can be performed by an individual or internal legal team. However, there is no substitute of professional experience when it come to trademark registration and search. External firm have many advantages over internal trademark name search. For full list of pros and cons of internal and external trademark search, you can read our article here. For step by step guide on IPIndia trademark search on IPIndia portal, you can visit this link.