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manuraj (lawyer)     08 February 2010

TRADE MARK SEARCH

 WHAT ARE DIFFERENCE BETWEEN TRADE MARK SEARCH IN  ONLINE AND MANUAL.  TM 54  FORM SPECIFY FEE RS.500 BUT IN ONLINE ONLY NEED RS.400/-. ANY DIFFERENCE BETWEEN THIS BOTH SEARCHES



Learning

 12 Replies

ANZAR M.A. (Lawyer)     10 February 2010

there is no difference both are same. but my opinion better you opt manual search other online. more details about trade mark please visit https://www.lawdeskindia.com

 

manuraj (lawyer)     11 February 2010

 thanks anzar

i visited your site https://www.lawdeskindia.com   its fine

Ashok. B.V. (Executive-Legal)     13 April 2010

hi

There is difference, the TM-54 is the official search and it is authenticated and it can be used as evidence before any Court ,tribunal and authorities. But the online search is unofficial we cannot used it as an evidence. It is just an option for the person to do prior search before adoption in quick time. But issuence of the TM-54 takes time.

SUMMIT AGGARWAL (MANAGING PARTNER)     14 April 2010

Hi,

View of Ashok above is perfectly right...........

ANAND SUMAN (Advocate Consultant & Trade Mark Attorney)     22 April 2010

No, there is entirely no difference. As regards fee, one of the reasons may be that in online search, TM registry has to do nothing with the search and the Attorney/Agent does that by himself.

Should you require any other assistance, contact us.

Anand Suman

Advocate, Consultant & Trade Mark Attorney

E- 42 B, Third Floor, Jawahar Park, Khanpur

New Delhi- 110062

Mob: 9958330546

Website: www.anandlegalsolution.com

 


(Guest)

I somehow agree with Mr.Ashok that manual search is always better when compared to online search.  If "NOT FOR LEGAL USE" is stated anywhere on the online search webpages, it implies that this cannot be used as evidence at all.

Suresh (Lawyer)     04 December 2010

Dear Friends,

I differ from your opinion that the online trade mark has no legal values and cannot be used in legal proceedings. Because I've personally handled few cases before Tribunal, IPAB and High Court matters where I produced the online search report as evidence and the same was accepted. Moreover, I invite your attention to the recent proposed amendments which favours the omission of TM-54 to promote the online searches in the future.   

https://ipindia.nic.in/tmr_new/tmr_act_rules/TMRAmendmentDraftRule_07September2010.pdf

GAURAV GUPTA (TAXATION ADVOCATE)     05 December 2010

There is no difference. But I agree with the views of Mr.Ashok

FUTURE LAWYER (future lawyer)     15 December 2010

I strongly agree with Mr.Suresh's views. He has given right answer.

However for time being I can accept Mr.Ashok's line of advice. But as provided by Suresh emil/website links to do online search.

Dear Learned members please understand the subject matter here, that online search is not an unofficial search, the online search is provided by Govt of India through website of Registrar of Trade Mark. It can be done from avilable data or records from Registrar not by thridy party.

The difeerence is very simple when your search done by your Agent then it cannot be produced as an evidence at any Court in India. If you done search through IPAB website then it can be produced as an eltorinic evidence.

Without understading the topic we should not override the member sir.

 

Mr,Suresh has given good answer but he dis not able clearifiy it.

Sir TM-54 does not arise here the author just asked difeerence between online search and Manual search. He never ask whether online search can submit in the Court. I think Mr.Ashok totally twisted the subject matter without understding the issue. 

Suresh (Lawyer)     16 December 2010

Thanks for agreeing Future Lawyer... I accept I could have been much clearer about the differences between online search and official search which is done by making an application in Form TM-54 (under Rule 24(1) of the Indian Trademark Rules, 2002). But the online search is made through ipindia website (https://www.ipindiaonline.gov.in/etmr/publicSearch/searchmain.aspx) but not IPAB (which is for appeal proceedings against the tribunal order). I believe the following could throw some better light...

  1. One who wants to do prior clearance search to ascertain whether any conflicting marks exist in the Indian Trademarks Registry can opt for either official/manual search or online search. 
  2. Apart from the difference of Rs. 400/- for online and Rs. 500/- (as rightly mentioned by Ld. Member Manuraj) for manual search the other important difference is one has to wait for nearly three to four weeks to obtain official/manual search report by filing TM-54 before the TMR registry. 
  3. The online trademark search edges better than official search as you can get search report as many as for 5 of 6 trademarks, since you will have 900 seconds to complete the search and you can also give a try for different marks in different classes. This option is not available with Official/manual search report.

My answer to the Ld. Member's query is should have ended above...

Since, Ld.member Ashok mentioned that the online search report cannot be produced as evidence before the tribunal or court, I contradicted his view only to the extent of point that the online search report is admissible before the proceedings as I included online search report one of the exhibit in various trials and the same was not challenged either by judge or by opposite counsel. 

I again highlight that the official search report may become obsolete since the recent proposed amendments which favours the omission of TM-54 (application for manual search) to promote only online searches in the future.   

link: https://ipindia.nic.in/tmr_new/tmr_act_rules/TMRAmendmentDraftRule_07September2010.pdf

So, lets practice online search and say goodbye to manual search which consumes more time and money. 
 
Thanks & Regards
 
Suresh

FUTURE LAWYER (future lawyer)     16 December 2010

sorry dear Suresh by orversight it would have happend. In our Mumbai almost all our TradeMark Advocates do normally only an online search nowadys nobdoay do manual search. As you said online search canbe be produced at anywhere. It is faster than the manufal search.

Lets all Lrd members understand our views.

Kaushik Saha (Advocate)     19 December 2010

Ld. member Suresh is correct in his opinion.


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