Don't Fall to trademark search Blindly, Read This Article
Don't Fall to trademark search Blindly, Read This Article
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 registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This process helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Doing a trademark search early in the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search prior to filing is not just wise—it’s essential for ensuring success. A careful search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Maintain exclusivity
- Simplify 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 portal where anyone can do 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 platform gives you visibility into both approved marks and filed requests, so you know where your brand stands.
Why Trademark Classification Matters
Each trademark is grouped into a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Identifying the proper class ensures your search is accurate.
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 differently.
This helps you spot trademarks that could lead to confusion, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools simplify trademark checking for new brands and help ensure your trademark is ready to file.
Searching for Non-Text Trade 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 conflict with another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a legal expert brings depth 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.
From Search to Registration: Next Steps
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, journal listing, 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 most important step in securing your identity. It ensures your name, logo or slogan are free to use, legally find trademark safe, and ready for registration.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page