The Blog on trademark search
The Blog on trademark search
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search involves checking existing registered or pending trademarks in the official database hosted by the Trade Marks Registry of India. This procedure helps determine whether your proposed trademark is available or if it conflicts with any existing mark.
Performing a trademark search before the branding process minimises the risk of infringement and ensures your brand identity remains unique and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s critical for avoiding problems. A comprehensive search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Speed up the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry provides an official website where anyone can perform a trademark search. To search:
- Go to the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This platform gives you visibility into both approved marks and filed requests, so you can check availability.
Why Trademark Classification Matters
Each trademark belongs to 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 focused.
For example, a clothing label usually search under Class 25, while tech products 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, perform both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch 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 external platforms that offer advanced features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your brand identity uses a logo, you’ll need to 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 match another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a legal expert brings depth to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds accuracy and peace of mind.
After You Search: What’s Next?
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is granted.
Secure Your Brand with Smart Trade Mark Checks
A proper trademark search in India is the first step in public search of trade marks protecting your brand. It ensures your name, logo or slogan are free to use, protected by law, and fit for filing.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page