Trademark search is highly advisable before filing a trademark application in India, as it helps in determining the registrability and use of the proposed trademark. The search can be conducted online on the Indian Trademark Registry's website, and it helps in identifying identical or similar marks that may pose a risk of objection or opposition from the registry or third parties.
Trademark search can help eliminate the possibility of future objections from the registry, suits for infringement, and opposition proceedings. It also helps in determining the strength of the mark in the relevant market, and if necessary, the mark can be altered or changed to make it more distinctive and less prone to objection or opposition.
Trademark search can be classified into word search and device search. Word search is conducted to identify similar, deceptively similar, or phonetically similar prior marks, while device search is conducted to identify marks consisting of figurative elements, such as stylized letters, logos, shapes, etc.
Apart from conducting word and device search, internet search is also conducted to identify any unregistered similar or deceptively similar marks used by third parties. A comprehensive trademark search can help in determining the chances of successful registration of the trademark in India. It is important to note that a well-known trademark in India is protected in all classes, including unrelated goods and services. Therefore, trademark search is an essential step in the trademark registration process in India.