The Most Spoken Article on public search of trade marks
The Most Spoken Article 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 means reviewing existing applied or approved trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This procedure helps identify whether your chosen trademark is free to use or if it conflicts 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 secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just smart—it’s critical for protecting your brand. A comprehensive search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Speed up the registration process
Without proper checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry maintains an official platform where anyone can run a trademark search. To search:
- Access the Trade Marks Registry website
- Navigate to 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 approved marks and filed requests, 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 search 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, run both wordmark and phonetic searches. A literal match check looks for identical or similar spellings. A phonetic search finds names that are pronounced similarly, even if spelled in a different way.
This helps you spot trademarks that could lead to confusion, giving you check trade mark better peace of mind before applying.
Where to Do Trademark Searches
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
- Expert analysis
- Detailed reports
These tools make the process easier for startups and give confidence that your trademark is clear to register.
Searching for Non-Text Trade Marks
If your trademark includes a logo, you must 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 symbol or logo doesn’t infringe on another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
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, journal listing, 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 needs a strong foundation. Report this page