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
What is a Trademark Search?
A trademark search involves checking existing applied or approved trademarks in the government-maintained database run by the Trade Marks Registry of India. This process 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 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 crucial for avoiding problems. A thorough search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Simplify the registration process
Without careful 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 platform where anyone can do a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Select the correct class
- Browse the list
This platform gives you visibility into both registered trademarks and pending applications, so you can check availability.
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 focused.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check looks for same or close spellings. A sound-based check finds names that sound alike, even if spelled in trademark in india search a different way.
This helps you catch trademarks that could pose legal issues, 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, official search tool. There are also private platforms that offer extra features like:
- Search filters
- Expert analysis
- Detailed 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 brand identity uses a logo, you’ll need to perform a device mark search. Searching logos is more complex than wordmark searches, but the government system supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings experience to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is clear, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, legally 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 starts with a strong foundation. Report this page