Introduction

Before applying for a trademark in Class 7, which covers machines, machine tools, motors, and industrial equipment, it is crucial to ensure that your desired trademark is available. Registering a trademark without checking its availability can lead to legal disputes, application rejection, and unnecessary expenses. Conducting a thorough trademark search helps businesses avoid conflicts and secure a unique identity in the competitive market. This guide provides a step-by-step process to check trademark availability in Class 7 before proceeding with the registration process.

Understanding Trademark Class 7

Trademark Class 7 includes machinery, machine tools, motors, and engines (except for land vehicles), as well as agricultural machines and certain industrial components. Companies dealing in these products must ensure that their brand name, logo, or slogan is unique within this category to gain exclusive rights and legal protection.

Step-by-Step Guide to Checking Trademark Availability

1. Identify Your Trademark Elements

Before conducting a trademark search, clearly define the elements of your trademark. These may include:

• Brand Name
• Logo
• Tagline or Slogan
• Unique Symbols or Designs

Having a well-defined trademark will help in conducting an accurate and efficient search.

2. Conduct a Preliminary Internet Search

An initial step in checking trademark availability is performing a simple internet search. Search for your desired trademark on search engines like Google to see if similar names are already in use. Check company websites, product listings, and online directories to ensure uniqueness.

3. Use the Official Government Trademark Database

In India, trademarks are registered under the Controller General of Patents, Designs, and Trademarks (CGPDTM). The official website of the Indian Trademark Registry provides a free tool to search for existing trademarks:

• Visit the IP India Trademark Search portal.
• Select “Wordmark” as the search category.
• Choose “Class 7” from the classification list.
• Enter your proposed trademark name and click “Search.”
• Review the results to check for similar or identical trademarks.

4. Check International Trademark Databases

If your business plans to operate globally, it is advisable to check international trademark databases. Some useful databases include:

• WIPO Global Brand Database – For worldwide trademark searches.
• USPTO (United States Patent and Trademark Office) – If expanding to the U.S.
• EUIPO (European Union Intellectual Property Office) – For trademarks in Europe.

5. Conduct a Phonetic and Similarity Search

A trademark can be rejected if it is phonetically similar to an existing one. While searching, check for variations in spelling, pronunciation, and visual similarity. The Indian Trademark Registry provides an advanced phonetic search option to identify such conflicts.

6. Check the Vienna Code Classification (For Logos and Symbols)

If you plan to register a logo or symbol, search using the Vienna Code Classification system, which categorizes graphical elements in trademarks. This ensures that your logo does not resemble existing registered trademarks.

7. Consult a Trademark Professional

Although online tools are helpful, trademark law is complex, and manual searches may not be exhaustive. Consulting a trademark attorney or professional can provide deeper insights and legal guidance. Experts use specialized databases and tools to conduct in-depth searches and assess potential conflicts.

8. Conduct a Common Law Search

Some businesses may use trademarks without registering them. These are called “common law” trademarks. Even if a name is not in the official registry, it might be legally protected if used commercially. Checking business directories, trade magazines, and domain name registrations can help identify such trademarks.

9. Check Domain Name and Social Media Availability

In today’s digital world, a strong online presence is essential. Before finalizing a trademark, check if the corresponding domain name is available. Websites like:

• GoDaddy
• Namecheap
• Whois Lookup can help verify domain name availability. Also, check social media platforms like Facebook, Instagram, and LinkedIn to ensure your brand name is unique across all digital platforms.

What to Do If Your Trademark is Already Taken?

If your trademark search reveals that your desired name is already registered, consider the following options:

• Modify the Name: Slight changes in spelling or design can make it unique.
• Check for Abandoned Trademarks: Some trademarks are inactive or abandoned and can be re-registered.
• Negotiate a Buyout: If the trademark owner is not using it, you might be able to purchase the rights.
• File for Coexistence Agreement: In some cases, if your business operates in a different industry, you can negotiate a coexistence agreement with the current owner.

Conclusion

Checking the availability of a trademark before applying is a critical step in protecting your brand identity and avoiding legal conflicts. By conducting a thorough search using online databases, phonetic analysis, common law searches, and professional assistance, businesses can ensure their Class 7 trademark is unique and eligible for registration.

Why Choose VMK Professionals?

At VMK Professionals, we specialize in trademark registration services, ensuring that businesses secure their brand identity hassle-free. Our team of experts conducts comprehensive trademark searches, handles application filings, and provides legal assistance to protect your intellectual property. Whether you are registering a new trademark or facing trademark conflicts, VMK Professionals is your trusted partner in navigating the trademark registration process in India.

Secure your brand today with VMK Professionals – your expert partner in trademark protection.