Updated : April 11, 2023Trademark Clearance Searches in India
When starting a new business or launching a new product, it’s crucial to conduct a thorough trademark clearance search. A trademark clearance search is a process of determining whether a particular trademark is available for use and registration in a particular jurisdiction, such as India, or not. This search helps businesses avoid potential legal issues and conflicts with existing trademark users or owners in the future.
The Clearance Trademark Search is quite comprehensive and is typically conducted by a trademark attorney or a company providing services of Trademark Search using a variety of resources like multiple online databases, industry publications, and even social media platforms to find any trademark similar to the proposed trademark that is already registered or is in use.
The goal of the clearance search is to identify any potential conflicts that could arise if the new trademark were to be used or registered. If a conflict is identified, the trademark owner may need to make changes to the proposed trademark or seek legal advice to determine the best course of action.
How to conduct Trademark Clearance Searches in India?
The Clearance Trademark Search is quite comprehensive and is typically conducted by a trademark attorney or a company providing services of Trademark Search using a variety of resources like multiple online databases, industry publications, and even social media platforms to find any trademark similar to the proposed trademark that is already registered or is in use.
In India, trademark clearance searches are conducted through the Indian Trademark Registry, which is a government agency responsible for administering and enforcing Indian trademark laws. The Indian Trademark Registry maintains a database of registered and pending trademarks for businesses to conduct a thorough search to determine if their proposed trademark is already registered or pending for registration with the concerned authority.
There are two levels at which trademark clearance searches can be conducted
- Preliminary or Knockout Search : A preliminary search is a basic search of the proposed trademark on the Indian trademark registry database to determine if a similar trademark already exists. This search is often conducted before applying for trademark registration to avoid potential legal conflicts over the proposed trademark in the near future.
- Comprehensive Search : A comprehensive search is a more thorough search of the proposed trademark across multiple national and international trademark registry databases, and common legal sources. This search is usually conducted by a Trademark Attorney or a company providing Trademark Search services and is recommended for businesses that are launching a new product or service or expanding into a new market. A comprehensive trademark search can help businesses identify potential trademark conflicts under multiple jurisdictions and avoid costly legal disputes in the near future.
Let’s understand better with the help of a Trademark Clearance Search Example !
For instance, let’s say that a company in India is planning to launch a new line of energy drinks called “Enerjize.” Before applying for trademark registration, the company conducts a preliminary search and finds that there are no existing trademarks for “Enerjize” in the Indian Trademark Registry database. Well, the process of Trademark Search does not end here!
After the preliminary trademark search, the company decides to conduct a comprehensive trademark search to ensure that there are no potential conflicts with similar trademarks in other jurisdictions or common law sources as well. Now, during the comprehensive search, the company discovers that there is a similar trademark for “Enerjize” registered in the United States for energy drinks.
Based on this information, the company will have to change or modify their trademark, say to “Enerjyze”, to avoid potential conflicts with the existing trademark user of “Energize” in the United States. This decision not only saves the company from potential legal disputes with the US-based trademark owner but also helps avoid costly rebranding efforts which would have arisen in the near future.
