A trademark clearance search is the search in the database of Indian Trademark Registry for existing marks (Registered or applied). If a trader wish to use any mark as his trademark, then this search will help him in ascertaining whether any same or similar mark already exists or not. Accordingly the trader can strategize whether he should go ahead with that mark or not or whether he should file a word mark or a logo mark.
How is trade mark clearance search done in India?
The trademark clearance search is done in the database of trade marks provided by the Indian Trade Mark Office. The search is a paid search, where a 15 minute search window is provided after payment of government fee of Rs. 400. The trade mark database provides information about new applications which are filed for registration, registered marks, published marks, opposed marks and abandoned marks.
Who is a trade mark agent?
A Trademark agent is a person who can act on behalf of the applicant of a trademark in all proceedings before the trademark registry except signing in an affidavit. A person having a basic degree in any field can become a trade mark agent by passing the qualification exam. A legal practitioner can register directly with the trade mark office as a trade mark attorney. A Trade Mark agent or attorney can represent his clients before the trade mark office.
How do I choose the best trade mark agent or attorney?
It is important to choose the best trade mark attorney or agent to ensure that your trade mark protection is strong. A good trade mark agent or attorney must have the following qualifications:
- He must advise you on the best form of trade mark to bee filed;
- He must strategize your trade mark filing in the broadest possible manner;
- He must have a strong background in IP (Masters in IP from a leading institute and/or experience of prosecuting numerous trade marks);
- He must enable you to avoid trade mark opposition; and
- He must advise on various options for trade mark filing in case of existence of conflicting marks.