The trademark search is the most initial stage in the registration of a trademark. Hence, when the parties appear the trademark attorney for the registration of their respective trademarks, then the first and the foremost step conducted by the attorney is to conduct a trademark search. Trademark search is done to ensure distinctiveness and likelihood of confusion of a particular mark, and it also determines whether the proposed trademark is available for use in the connection with certain goods and services. When the trademark search is conducted, the possibility of a trademark being similar to the already registered trademark is checked. If a company or any proprietor fails to conduct a trademark search prior to their registration, then the companies land themselves in legal disputes, costing them huge expenses.

The trademark search is necessary to be conducted as it provides information and details of the trademarks, and if there is any similar registered trademark, and also additionally provides information for the brand name, trademark and the tradename. The search provides all the basic information related to the trademarks.

i.The first step of the trademark search is conducted through the official website of Intellectual property Rights namely, https://ipindia.gov.in/, and select ‘Public Search’.

ii.Secondly, select the classes that are to be searched for. There are three types of searches that are conducted in the trademark search. These searches include a search related to the wordmark, Vienna Code and Phonetic marks. The wordmark search allows for rectifying the trademarks which use the same word as that of the query entered. In the same way, in the Vienna Code search, the word represents an artistic feature i.e., if a trademark contains the same visual elements as that of the other companies, and in the case of phonetic search, the search displays the marks which are similar sounding marks.

iii.Thirdly, the applicant or the trademark attorney has to make a trademark search class. India follows the NICE classification for determining and classifying goods and services. There are 45 categories of goods that have been classified, among which the first 34 classes represent the goods while the other 11 represent services.

iv.Fourthly, the applicant or the trademark attorney has to select ‘search result’. After the search result, the details of the searched trademark containing the serial number, matching trademarks, images and also the status of the trademark.