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If the mark is already filed by another company or has a registered trademark, then the other party have the priority of the mark provided the trademark is for the common business product.
NICE classification is an international classification of goods and services for the purpose of trademark registration. There are 34 classes of goods and 11 classes of services.
For filing the trademark in India, you should know the appropriate class of trademark in which the goods and services covered. There is a total of 45 classes of the trademark to choose for your trademark. First 34 classes (1-34) cover goods and rest 11 classes (35-45) cover services.
The intelligent TM Search will help you to determine the mark you want to register for product or services is legally available or already used by another business to ensure not to infringe someone else's property rights. find the identical mark in the same class would restrain your mark to get registered.
To perform a free trademark search before filing the trademark application you need to know the trademark classes as per the NICE classifications; international classification of goods and services. The trademark search contains the filters to find out a similar trademark in a similar class in order to eliminate the conflicts.
Although it is not mandatory to hire an attorney for conducting a free trademark search before filing it's advisable to seek professional help to handle the trademark search. You will get the list of the marks similar to the proposed mark along with the attorney's legal opinion regarding the trademark registration possibilities..
Selecting a good trademark is a crucial step to protect your intellectual property. In India different kind of trademarks are there, like word, sign, color, symbol, shape etc. but it has to be unique. Most people make mistakes while choosing the trademark or brand name. To minimize such mistakes, you need to follow the guidelines which are:
In India trademark is designated by the two symbols, i.e. 'R' and 'TM'. Trademark symbol 'TM' is a provisional symbol, used for unregistered Trademarks and symbol 'R' signifies the registered trademark which can be used by the registered proprietor of the mark.