Trademark is an authorised logo of a company which signifies the brand, and is also used as an alias for the company. The term authorised logo does not indicate the registration of the trademark. It means that the trademark is not being used by any other company or firm, which is registered. Trademark registration in India undergoes a number of steps. One of the most important amongst them is the trademark search. In fact it is the first step in the registration.
The formal trademark search can be done in the registrar's office, where the applicant can deposit a fee of Rs 400, to get access to search trademark database for 15 minutes. Or, the applicant can also get the assistance of the officials in the search. The officials do this search on behalf of the applicant if the applicant has paid a prescribed fee of Rs. 500. However, if the applicant wants to get some know how on how to search trademark from the database, the officials may help them. The minimum time taken for the official trademark search is one month. After this span the applicant gets a report from the registrar office officials which contain all the search samples.
In case this search is not fruitful to the applicant, they can apply for a preliminary advice from the registrar. To seek this advice the applicant needs to make a fee payment of Rs. 1000. After the process of searching for a trademark is completed, the applicant may further in his request in the completion of the registration process. A free trademark search can be however made by any applicant.
Free Trademark Search
If you have already thought about a trademark, it is possible for you to get it cleared from the officials, if your trademark is available for you or not, and this procedure is free of cost. By making a search on your own, and then getting it checked from the search trademark database, one can get the assurance that their registration process will be successful. This process is known as free trademark search. Reason being, the trademark is only verified in this case, and it takes only a few minutes to scan the database to verify the presence of the proposed trademark.
After the registration process is complete, this trademark can be used by any person, who claims to be the proprietor of the trademark used or proposed. Any other person or entity found to be using the trademark is liable of jurisdiction before the court of law.