Step-by-Step: Searching for Class 15 Trademarks in India the Right Way
Introduction
Trademark protection is an essential step for anyone launching a business, especially in niche industries like musical instrument manufacturing. If your brand falls under this category, it likely belongs to Trademark Class 15, which includes musical instruments and related accessories. Conducting a trademark search in Class 15 before filing an application helps avoid legal disputes, saves money, and ensures brand uniqueness. This step-by-step guide will walk you through everything you need to know about conducting a trademark search in India for Class 15.
What is Trademark Class 15?
Trademark Class 15 under the NICE Classification system is reserved for:
- Musical instruments (e.g., guitars, pianos, drums)
- Electronic musical instruments
- Tuning forks, pitch pipes
- Instrument cases
- Parts and fittings of musical instruments
If your product or business is connected to the manufacture, sale, or service of musical instruments, your trademark application must fall under Class 15.
Why Conduct a Trademark Search Before Filing?
A pre-filing trademark search helps:
- Avoid Legal Conflicts: Identifies existing trademarks similar to yours.
- Save Time & Money: Prevents wasted effort in branding and marketing.
- Improve Approval Chances: Ensures your application isn’t rejected for similarity.
- Strategic Branding: Lets you pick a name/logo that stands out.
Step-by-Step Guide to Conducting a Trademark Search for Class 15 in India
Step 1: Visit the Indian Trademark Search Portal
- Go to the official IP India website: https://ipindiaonline.gov.in/tmrpublicsearch/
- Select the “Public Search” tool.
Step 2: Choose the Right Search Type
You will find three options:
- Wordmark: For brand names or words
- Vienna Code: For logos or symbols
- Phonetic: For similar sounding marks
Start with “Wordmark” to search for names and brand words.
Step 3: Enter Your Search Query
- Input your proposed brand name
- Choose “Starts With,” “Contains,” or “Match With” depending on how closely you want to match
- Select Class 15 from the dropdown menu
Example: If your brand is “RhythmWaves,” input this into the Wordmark field and select Class 15.
Step 4: Analyze the Results
Look through the list of trademarks to find:
- Identical names
- Similar sounding names
- Similar logo design or stylization
- Same class of goods
Note the Application Number, Status, Proprietor Name, and Goods Description.
Step 5: Perform a Phonetic Search
Go back and select the “Phonetic” option. Enter the name again to find similar-sounding trademarks. This helps uncover potential conflicts not visible in the Wordmark search.
Step 6: Search Using Vienna Code (If Logo Is Involved)
If your brand includes a visual logo, use the Vienna Code Search:
- Click on “Vienna Code” search
- Use the Vienna Classification Manual to find the appropriate code for your logo design
- Enter the code and select Class 15
Step 7: Cross-Verify in Other Classes (Optional But Recommended)
If your musical brand also offers merchandise like T-shirts (Class 25) or streaming services (Class 41), check those classes too.
Step 8: Document Your Findings
Create a simple table or spreadsheet noting:
- Conflicting trademarks
- Similar sounding names
- Live vs Abandoned marks
- Application status
This helps decide whether you should proceed with your brand name or modify it.
Step 9: Consult a Trademark Expert
Even if your search shows no major conflicts, having a legal expert validate your findings can avoid future problems. They can also help file the trademark properly and respond to objections.
Tips for an Effective Class 15 Trademark Search
- Always check for phonetic and visual similarities
- Avoid generic names like “MusicShop” or “GuitarWorld”
- Check status updates regularly if a similar mark exists
- Be creative with your name while maintaining relevance
Common Reasons for Trademark Rejection in Class 15
- Similarity to Existing Trademarks
- Descriptive or Generic Terms
- Lack of Distinctiveness
- Use of Prohibited Words or Symbols
- Incorrect Class Mentioned
Real-Life Example
A startup called “TuneNest” wanted to launch custom-made ukuleles in India. They performed a Class 15 trademark search and found a similar-sounding name “TuneNext” registered under the same class. Rather than risking rejection, they renamed their brand to “UkeNest” and successfully registered the trademark.
What to Do If a Similar Trademark Exists?
- Rebrand Slightly: Modify the name, spelling, or styling
- Choose a Different Name: Opt for a more unique identity
- Wait and Monitor: If the conflicting mark is abandoned or nearing expiry
- File an Objection: In certain cases, you can file opposition if you have prior use
After the Search: Next Steps
- Prepare the Trademark Application: Include brand name, logo, class, and description
- Submit on IP India Website: Along with necessary fees
- Track Status and Respond to Examination Reports
- Publication and Opposition Period: Wait 4 months after journal publication
- Receive Certificate: Once approved, you get a trademark valid for 10 years
Conclusion
Trademark Class 15 is vital for anyone involved in the musical instrument industry in India. A thorough and well-executed trademark search can save you from legal trouble, wasted resources, and brand confusion. Whether you’re launching a new guitar brand or selling electronic keyboards, following this guide will help you ensure your brand is safe, unique, and future-ready.
Need Help with Trademark Search or Registration in India?
At VMK Professionals, we specialize in helping entrepreneurs, startups, and established businesses secure their intellectual property. From Class 15 trademark searches to full-service application handling, we ensure your brand remains protected.
Contact us today to get started with your Class 15 trademark strategy.