There are around 5.6 million trademarks registered and pending at the Trademark registries in India.
Before adopting and using a trademark in a new jurisdiction, it is good business and legal practice to confirm that it is available. Failing to do so can result in not being able to get a registration for the name or mark, or worse, spending time and effort developing a brand which could not be registered and owned or encountering common law liability or infringement issues after launching the brand.
TRADEMARK IS NOT ONE WHICH YOU CAN CHANGE OFTEN. YOUR BRAND, LOGO OR TRADE NAME WILL NOT HOLD ANY VALUE IF IT IS NOT LEGALLY PROTECTED BY WAY OF TRADEMARK REGISTRATION
Search engine search or basic similarity search in the Trademark database is not enough as all kinds of names are not granted registration. Generic names, descriptive names, names which show the quality, kind and quantity of a product or service, place names, names similar/identical to pending and registered trademarks, prohibited names, names similar or identical to well known marks, International Non Proprietary Names etc. cannot be registered as trademarks. Mere addition of some prefixes or suffixes may not help. Hence it is advisable to get a proper Legal opinion from Trademark Experts regarding Register-ability, Freedom To-Use or both so that you could know whether your mark is likely to attract objections from TM Registry, chances of getting it registered, oppositions from third parties, strategy etc. Such searches are time consuming as many factors have to be considered prior to giving an opinion.
If you still feel that you need only a basic similarity search opinion, then our Client Advisors can provide a search opinion Free of charge.
You can also opt for the following paid searches:
International Trademark search and opinions are provided only by International Trademark Attorneys. We have special packages for International Searches.
To order a Freedom To Operate/Register-ability Trademark search report, please fill and submit the form enabling us to carry out the Trademark search.
Information provided by you will be shall be kept confidential.
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