Trademark

Trademark is the prima facie category of intellectual property that we come across in our daily lives. We see, utilize and infer decisions based on trademarks that we encounter while choosing products suc­­h as cars, packaged foods, microwaves, refrigerators, cosmetics, an­d electronics besides plenty more. In essence, a trademark is a word or a symbol that is normally associated with a product or the packaging of a product which helps one identify with it vis-à-vis other products of similar nature. It could be a brand name, a service name (in this case being called a Service Mark) or the logo of a company in the form of wordmarks.

Trademark and Wordmark searches can be extremely important for your brand and image protection. However, there is often an ambiguity in what is and what isn’t recognized as a trademark for eg. long texts maybe considered copyrights instead, laudatory or only informative slogans may not be considered as trademarks, it, therefore, becomes necessary to have a trademark search. Such searches can become important while naming your brand (to ensure you do not infringe someone else’s trademark) and to find infringers who may be using your brand-name to sell their product and thereby willingly or unwillingly deceiving the market. Two broad segmentation of trademark protection is possible depending on whether the product being protected is a good or service.

“Goods” for TM protection:

Goods for trademark protection can comprise: Chemicals, Paints, Cosmetics and cleaning preparations, Lubricants and fuels, Pharmaceuticals, Metal goods, Machinery, Hand tools, Electrical and scientific apparatus, Medical Apparatus, Environmental control apparatus, Vehicles, Firearms, Jewelry, Musical Instruments, Paper goods and printed matter, Rubber goods, Leather goods, Non-metallic building materials, Furniture and articles, Housewares and glass, Cordage and fibbers, Yarns and Threads, Fabrics, Clothing, Fancy goods, Floor coverings, Toys and sporting goods, Meats and processed foods, Staple foods, Natural agricultural products, Light beverages, Wine and Alcohols, Smokers’ articles, etc.

“Services” for TM protection:

Services for trademark protection can comprise: Advertising and business, Insurance and financial, Building construction and repair, Telecommunications, Transportation and storage, Treatment of materials, Education and entertainment, Computer, scientific & legal, Hotels and Restaurants, Medical, beauty & agricultural, Personal etc.

Trademark and Wordmark Search Report

The Trademark and Wordmark search report include thorough searching of a trademark across various national and international trademark offices including US, European and Asian countries, as well as global brand databases.

• Results

Trademark results of references that are exact, similar, partially similar, phonetically similar or have a mark or meaning that resembles the given criteria are shared. Results are included from registered federal trademarks/ inactive (dead or abandoned) trademarks and common law to exhaustively cover all possible results.

• Classes

The classes of goods/services under which the trademark falls are thoroughly searched and all relevant classes along with corresponding searches across all databases are covered in the report.

• Source

Links to relevant websites/ sources of the result found during the analysis are shared along with registration details such as the jurisdiction in which it was filed, the class of goods or services under which it falls and their serial numbers.

• Business names

Business entity search results are encapsulated in the searches and conducted over databases such as United States Business Entity to find matching business names or trademarks.

• Bibliographic data

Reports further include detailed trademark results with their bibliographic data such as date of filing, registration number, the serial number of application, the language of application, name and address of the applicant as well as the registration holder etc. which help you make decisions regarding your trademark and contact the respective owner.

• Detailed search strategy

Reports contain search keywords, search strings and class definitions showing classes under which the trademarks and/or wordmarks are registered.

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