Essential Things You Must Know on trademark search
Essential Things You Must Know on trademark search
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search involves checking existing registered or pending trademarks in the official database maintained by the Trade Marks Registry of India. This process helps determine whether your proposed trademark is available or if it conflicts with any existing mark.
Doing a trademark search early in the branding process reduces the risk of legal violation 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
- Prevent future disputes
- Ensure your brand is unique
- Streamline the registration process
Without adequate checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official portal where anyone can run a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This platform gives you visibility into both registered trademarks and filed requests, so you can check availability.
Understanding Trademark Classes
Each trademark falls under 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 tech products often go under Class 9. Knowing your class is key to getting relevant 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 sound alike, even if spelled differently.
This helps you catch trademarks that could cause conflicts, giving check trade mark you better security before applying.
Resources and Platforms for Trade Mark Checks
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 startups and help ensure your trademark is clear to register.
How to Check Logo Trademarks
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 symbol or logo doesn’t conflict with another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While anyone can search, a trademark attorney brings depth to the process. Professionals:
- Know trademark law deeply
- Identify hidden risks
- Recommend changes
- Support filing and follow-up
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 file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A proper trademark search in India is the most important step in protecting your brand. 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 starts with a strong foundation. Report this page