sabina K . (business) 25 May 2009

Trademark Search

I know that here are two kind of trademark search..PUBLIC TRADEMARK SEARCH..where you can search for the trademark yourself through the internet ang get the results in 15 minutes and the OFFICIAL TRADEMARK SEARCHwhere you apply through Form TM-54 in the office and you get the results after one month.

I want to know whether both these searches are made on the same databases or is the official search is a more exhaustive one. Is doing a public search sufficient enough before filing a trademark application or should one go for the official search?

Any information on this regard would be highly appreciated

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Prakash Yedhula (Lawyer) 25 May 2009

Trade Mark Search

It is desirable to conduct a Trade Mark search to ascertain the existence of prior registrations of identical marks. Thus far it has been rather cumbersome to conduct trademark searches in India because it was to be done manually. The digital database of registered and advertised trademarks is now available. This has made trademark search easy and expeditious.

A Trade Marks search can be conducted by making a formal request for search in Form TM-54. Each such request must confine to a given class. The Search Report will be made available within 30 days from the date of request.

The new law provides for expedited search. An application for expedited search must be filed in Form TM-71 and a report will be issued within 7 days from the date of request. The fee for expedited search is 5 (five) times the ordinary fee.

Company Name Search

As per the new law (Rule 32) a request can be made to the Registrar of trademarks (in Form TM-11) to cause a search and issuance of a certificate to the effect that no trade mark identical to the name of a company has been registered or is pending for registration with the Registrar.

Distinctiveness Opinion From The Registrar

One of the important features of the Indian trademarks law is that the Registrar’s opinion can be sought as to the distinctiveness of a trademark. A request to this effect can be made in Form TM-55. The Registrar will advise on whether the Mark proposed to be registered is prima facie distinctive. The Registrar will give his advice ordinarily within 7 days of filing this request.

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sabina K . (business) 25 May 2009

Thank you Mr Shivasubramaniam..your answer helped a lot..actually I'm quite confident I'll be able to do the public search thoroughly..but, I was confused by another website which said" However this search report of the Public search is not authentic and the possibility of certain marks being not listed in the search report cannot be ruled out. Hence this search is not recommended."

Are you sure about the fact that both the searches being done on the same databases and doing a public search will be enough before filing for a trademark ? dont want litigations later on

Sankaranarayanan (Advocate) 25 May 2009

u find from trademark and pattenright department of central government

Saifullah.C (Advocate,Chennai) 25 May 2009

I have gone through your query.Even if you are satisfied with your search. only post - publication of your mark will decide whether it will unfold or fold the pandora's box in the form of oppostion.However acquire the nuances of Trade mark law it will help you.

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