Essential Things You Must Know on public search of trade marks
Essential Things You Must Know on public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search is about examining existing registered or pending trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This procedure helps verify whether your chosen trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search at the beginning of the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just smart—it’s critical for protecting your brand. A careful search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Streamline the registration process
Without proper checking, your trademark application might be opposed, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry offers an official platform where anyone can perform a trademark search. To search:
- Access 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 registered trademarks and pending applications, so you know where your brand stands.
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. Identifying the proper class ensures your search is relevant.
For example, a clothing label usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
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, trademark in india search even if spelled differently.
This helps you catch trademarks that could lead to confusion, giving you better security 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 advanced features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that your trademark is ready to file.
Trademark Search for Logo and Device Marks
If your trademark includes a logo, you’ll need to perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While individuals can check trademarks, a legal expert brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Recommend changes
- Handle the registration process
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:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Conclusion
An early trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are free to use, 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