{"id":4271,"date":"2021-06-04T11:19:41","date_gmt":"2021-06-04T01:19:41","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4271"},"modified":"2021-06-28T15:41:37","modified_gmt":"2021-06-28T05:41:37","slug":"australian-businesses-indian-trade-marks","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/overseas-application\/australian-businesses-indian-trade-marks\/","title":{"rendered":"4 Tips For Australian Businesses Searching For Indian Trade Marks"},"content":{"rendered":"\n

India is the world\u2019s fastest growing major economy, making it a great place to do business. As Australia\u2019s fifth largest export partner and tenth largest trading partner, many Australian businesses are already trading with India. It is important that before you trade with India, you ensure you are not infringing on any Intellectual Property (IP) in India. This article sets out four tips for searching for Indian trade marks. <\/p>\n\n\n\n

1. Know India\u2019s Trade Mark System<\/h2>\n\n\n\n

Before searching for Indian trade marks, it can be useful to understand some of India\u2019s basic trade mark rules and procedures. <\/p>\n\n\n\n

For example, similar to Australia, India has a \u2018first to use\u2019 rule for trade mark rights, meaning that the first person who can show use of a trade mark will have more rights than a later trade mark application. Additionally, registered trade marks in India will have more rights than unregistered trade marks. <\/p>\n\n\n\n

It is also important to note that trade mark registration in India can take several years, and the process of trade mark enforcement in India is much slower compared to Australia. However, the registration and filing costs are much lower in India than in Australia. <\/p>\n\n\n\n

2. Search in Both of India\u2019s Languages<\/h2>\n\n\n\n

English and Hindi are India\u2019s official languages. You will need to consider both when searching for Indian trade marks. Any trade mark with a word element will need to be checked for availability in the relevant characters, translations and transliterations. Even if the words do not sound the same in both languages, it might be considered an infringement if the idea behind the trade mark is the same. <\/p>\n\n\n\n

3. Use India\u2019s Search Tool<\/h2>\n\n\n\n

In India, the Controller General of Patent Designs and Trademark is responsible for trade mark registrations. On their website, you can conduct a thorough trade mark clearance search. You can search by either:<\/p>\n\n\n\n

Search Function<\/strong><\/td>Outcome<\/strong><\/td><\/tr>
Wordmark<\/td>The \u2018wordmark\u2019 feature of the search tool is how you search for trade marks with a word element. It is filtered by three conditions: \u2018start with\u2019, \u2018contains\u2019 and \u2018match with\u2019. \u2018Match with\u2019 will display all the entries in the data base with the words you are searching. Once you have inputted your words, you will need to select the class of goods and services you are searching for. The list of 45 classes your trade mark will fit in can be found here<\/a>. Once you have selected your class, you will be able to begin your search.<\/td><\/tr>
Vienna Code<\/td>India\u2019s search tool has a Vienna Code search feature. India is party to the Vienna Code, which is an international classifications system for figurative elements of trade marks. This is a useful tool for non-word trade marks. For example, category 5 of the Vienna Code corresponds to trade marks with plants. More specifically, category 5.1 corresponds to trees and bushes, and category 5.1.4 corresponds to bushes or trees without leaves. When searching for visual trade marks, this is a useful way to conduct a trade mark search. A full list of Vienna Code search classification categories can be found here<\/a>.<\/td><\/tr>
Phonetic<\/td>Similar to the wordmark search function, the phonetic search function allows you to search for words by classification. However, this function produces results for phonetically similar words. For example, if you search for \u2018flower\u2019 under class 1 (which includes flower preserves), results will include trade marks for \u2018flora\u2019, \u2018fleur\u2019, \u2018fulora\u2019 and more. This is a useful way of finding similar trade marks.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

4. Conduct an International Trade Mark Search<\/h2>\n\n\n\n

India is party to the Madrid System for the international registration of trade marks<\/a>. The Madrid System is a way of filing one trade mark application<\/a> for registration in up to all 124 participating countries.\u00a0 Because India is party to this system, the World Intellectual Property Organisation’s Global Brands Database<\/a> is another useful search tool when conducting a trade mark<\/a> search in India. Similar to India\u2019s own trade mark search tool, the Global Brands Data Base allows you to search for identical or similar words based on the class of goods and services. You can also filter by source, image, type, trade mark status, country of origin and the year of the application.\u00a0<\/p>\n\n\n\n

Key Takeaways <\/h2>\n\n\n\n

Your intellectual property is an important business asset. If you plan on trading in India, it is essential that you:<\/p>\n\n\n\n