Why public search of trade marks is a Trending Topic Now?
Why public search of trade marks is a Trending Topic Now?
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
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 identify 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 legal violation and ensures your trademark identity remains unique and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search in advance of application is not just wise—it’s critical for protecting your brand. A comprehensive search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Ensure your brand is unique
- Speed up 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 provides an official website where anyone can perform 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 belongs to a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Choosing the correct class ensures your search is relevant.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting precise results.
Different Types of Trademark Checks
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled differently.
This helps you spot trademarks that could cause conflicts, 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’ll need to perform a visual mark check. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t infringe on another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a legal expert brings experience to the trademark in india search process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. 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 thorough trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are free to use, protected by law, and ready for registration.
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