Cross Trademark Search – The right way to conduct a trademark search

In our previous blogs we have explained in detail the process of conducting a Trademark Search. In case it is not possible to conduct a search by the applicant we also provide a Free Search Report .

As per the Trademark Manual issued by the Trademark Registry which has noted down the best practices of applying for a trademark and deciding on the availability of a brand name, it also suggests the best way to conduct a trademark search. The most important factor in checking the availability of a brand name is in deciding the appropriate class applicable to the industry in which the brand name is to be used. Upon deciding the class the primary activity to be carried out is to conduct a search with “starts with” and “contains” options of the trademark search website. Further a phonetic search can also be carried out to be sure of the availability of the brand name.

All these factors have already been mentioned in our previous guides and links, then why the need of this article? Here comes the key part in conducting a search report which many professionals across the Intellectual Property Rights industry avoid or are unaware of. It is called as the Cross Search List” under which examiners will not only conduct a search under the class in which the brand name is applied but can also conduct a random search under the classes which have products or services related to products or services included in the class for which the application is made. This activity is at the discretion of the examiner but has been recently used in many cases.

Below is the list of classes where a search should be conducted in case of application is being made in the respective classes mentioned below:

Application ClassSearch class
0101, 34, 35
0202, 34, 35
0303, 05, 21,34,35
0404, 34, 35, 39
0503, 05, 10, 30, 32, 34, 35
0606, 17, 19, 20, 34, 35
0707, 08, 09, 11, 12, 21, 34, 35
0807,08, 14, 34, 35
0907, 09, 10, 11, 16,21,28,34,35,38,41,42
1005, 09,10,34,35
1107, 11, 14, 21, 34, 35
1207, 12, 34, 35, 37
1313, 34, 35
1411, 14, 21, 34, 35, 37
1515, 34, 35
1609, 16, 34, 35, 41, 42
1706, 17, 19,34, 35
1818, 25, 28, 34, 35
1906, 17,19, 34, 35
2006, 20, 24, 34, 35,42
2103, 07, 11, 14, 21, 34, 35
2222, 34, 35
2323, 26, 34, 35
2420, 24, 34, 35, 40
2518, 25, 40, 34, 35, 42
2623, 26, 34, 35
2727, 34, 35,37
2809, 16, 18, 28, 34, 35
2929, 30, 31, 34, 35
3005, 29, 30, 31, 34, 35
3129, 30, 31, 34, 35
3205, 32, 33, 34, 35, 42
3332, 33, 34, 35
3431
3535, 36, 41, plus search any appropriate goods class(es) in

respect of marks for retail services

3634, 35, 36, 42
3712, 14, 27, 34, 37, 39, 42
3809, 34, 38, 41, 42
3904, 34, 37, 39, 42
4024, 25, 34, 40, 42
419, 16, 34, 35,38, 41,42
4209, 20, 25, 34, 36, 37, 38, 42
4329, 30, 32, 34, 35, 39, 42, 43
4409, 34, 35, 36, 37, 40, 41, 42, 44
4534, 35, 42, 45

 

 

 

 

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