How to do a Do-It-Yourself (DIY) trademark pre-clearance search in India
India does not have a first-to-file system unlike China and a prior user of a trademark is in an advantageous position and gets rights over a trademark. Therefore, it is imperative that due diligence measures are taken before choosing a trademark. A trademark clearance search entails ascertaining trademark-ability, similarity and/or conflicts with pending or registered marks that are phonically, visually or conceptually similar to a proposed mark. A well-done trademark clearance search is critically important and constitutes 65% of the whole trademark registration process. Since the trademark process takes about 6 to 12 months until it is finally registered, an applicant after obtaining clearance from a trademark search can proceed to use the brand name, logo or slogan in the...