The Blog on public search of trade marks
The Blog on public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing applied or approved trademarks in the official database run by the Trade Marks Registry of India. This procedure helps identify whether your chosen trademark is available or if it overlaps with any existing mark.
Conducting a trademark search before the branding process minimises the risk of legal violation and ensures your trademark identity remains unique and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just smart—it’s crucial for protecting your brand. A comprehensive search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Streamline the registration process
Without proper checking, your trademark application might be denied, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry maintains an official platform where anyone can run a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- View results
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
Understanding Trademark Classes
Each trademark falls under a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Selecting the right class ensures your search is accurate.
For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, run both wordmark and phonetic searches. A literal match check looks for same or close spellings. A phonetic search finds names that sound alike, even if spelled differently.
This ensures you spot trademarks that could lead to confusion, giving you better security before applying.
Where to Do Trademark Searches
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Expert analysis
- Detailed reports
These tools make the process easier for trade mark search india startups and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your trademark includes a logo, you must perform a visual mark check. Searching logos is more complex than wordmark searches, but the Registry portal supports visual filters and keyword tagging.
This ensures your design or icon doesn’t infringe on another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can start the application process. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A proper trademark search in India is the first step in protecting your brand. It ensures your brand assets are unique, legally safe, and fit for filing.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page