Civil Procedure Code (CPC)

Confirming existence of TM / registration


Sir or Madam, Learned Counsel, 
 

There is one person who is claiming to have registered several words as trade mark / service mark. Person is stating that no one can use these words or terms without permission and when permission given to use the words / terms with ® symbol only. 
 

i searched both the Patent Office website


 http://ipindiaonline.gov.in/patentsearch/search/index.aspx 

 

and also search on 
 

https://www.quickcompany.in/trademarks

 

to verify this individual's claims and these words / terms are not coming up. 
 

My question : Can person still claim these words are "registered" ? Is it lying / falsifying to make these claims when no TM or registration exists ? Or can person create a TM or service mark by repeated use / claim over same ? The individual is threatening legal action against those who use these words / terms without the individual's permission. What proof is needed to be provided by this person to ascertain claim of trademark / copyright / registration ? Does this person have right to bring legal action against the individuals who use these words without written permission from the alleged TM holder ?



Your advise is appreciated. 

 

Thank you. 

Sincerely,

 

-Lakshmi.

 
Reply   
 
Lawyer

Yes registered TM owner can take legal action when his right have been infringed by other person with out his consent.

 
Reply   
 



Trademark is any icon, figure, tagline, label, brand, words or a mixture of these used to symbolise or identify a product. A trademark is a type of business symbol, signature, etc. that speaks out for the motto of the company or the values it holds. It is a symbol representing quality and excellence. Trademark also carries a legal perspective to it, as its usage can be seen in the prevention of unauthorised use by other rivals.

Trademark search performed as a guideline which can be used to determine the trademark status whether it is trademarked or not. An online trademark search is available through the website of Comptroller General of Patent Designs and Trademarks or Quick Company.

A trademark search is done in two ways:

  • Search through QuickCompany
  • Search through government site

Way 1: Search through QuickCompany

The initial step in trademark search through the Quick Company starts by visiting the site of QuickCompany. Through the trademark database of the site, you can search the availability of the desired trademark.

Following steps need to be followed to search and get a trademark result:-

Step 1: Visit Quick Company’s site and move the cursor on Trademarks and click on the ‘Trademark Registration’ under the Trademarks.

Step 2: Simply enter the trademark name in the dialogue box you are searching for and click on the ‘Go’ button.

Step 3: The search result will show the matching marks with the basic information of the mark like registration id and class of the mark.

Step 4: For more details click on the mark, it will show you the trademark details and registration details of the mark.

Step 5: Apart from the mark details, you will get the information about the rest of the classes in which you can file the search mark.

 

Way 2: Search through government site

The first step in searching a trademark through online mode starts by making a visit to the website of Controller General of Patents Designs and Trademarks. Through the comprehensive trademark database of the site, one can search for a desired trademark.

The database stores all information concerning the trademarks, be it submitted trademarks, trademarks applied for, rejected trademarks, expired and trademarks under objection.

Following steps need to be followed to search and get a trademark result:-

Step 1: Open the website of Controller General of Patents Designs and Trademarks

Step 2: Once the site opens look for the search bar where the user enters the type of search concerning him/her.

Step 3: Now in the “search type” tab select “Wordmark/ Vienna Code/ Photetic"

The search on the online database is divided into three categories. It is necessary to select one of the three categories mentioned on the site before proceeding further.

Step 4: Along with the Wordmark enter the Class (45 Trademark classes) you want the search to be done for. The database performs a scan for the entered wordmark and filters the search on the preconditions of matching the word type, containing the word type or beginning with the entered word type.

Step 5: As a result three separate search results will be yielded firstly, containing all the results in a tabular form matching with the wordmark. If a search result gives “No matches found” then no registered or applied trademark exists which matches the query.

Step 6: In case Trademark is not found. Now if the search query yields a result displaying “no match found” then there arise two possibilities:-

1. Absence of the registered trademark

2. The applied trademark does not exist in the database.

Trademark Search can help you to ensure the availability of the business name, even if it is not registered.

 
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