Legal Importance of Conducting Trademark Search

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

 

The most important aspect before filing a trademark is that one has to do the trademark search. The trademark search is an online web based tool whereby any person can insert the details of his/her trademark and can obtain the details of the same and/or similar trademarks which have either been applied for or registered. The portal shares the entire details about the different marks which are either applied for and/or are registered which includes their status with respect to filing and the contact details of the Applicant.

 

In a query before us, the Querist had applied for the registration of a trademark under class 5. The Querists had never ever heard of trademark search and with opting for getting the proposed mark to be searched had filed the application for the registration of the trademark. The application was objected and notices were issued.to the Querists, however, there was no satisfactory answer available as the mark was similar to an already registered mark. Thus, due to insufficient evidences available on record and due to the existence of an already registered trademark, the trademark application filed by the Querist was rejected.

 

The idea behind sharing this case study is to enlighten people that had the Querist would have done his proper trademark search before applying for the trademark, then the Querist would have easily found the existence of similar registered trademark and would have accordingly amended his mark before even applying for the registration. This would have saved the Querist a lot of resources, however, one small mistake had costed the Querist a lot.

 

We hope that the case study would envisage the importance of trademark search to our readers and increase their knowledge about the basics of trademark laws.