Trending Update Blog on public search of trade marks
Trending Update Blog on public search of trade marks
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 central database maintained by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is available or if it conflicts with any existing mark.
Conducting a trademark search before 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 smart—it’s essential for ensuring success. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Streamline the registration process
Without proper checking, your trademark application might be denied, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry maintains an official portal where anyone can do a trademark search. To search:
- Go to 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 registered trademarks and pending applications, so you can check availability.
What Are Trademark Classes?
Each trademark falls under a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Selecting the right class ensures your search is accurate.
For example, a clothing label usually search under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled differently.
This helps you catch trademarks that could lead to confusion, giving you better security 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
- Legal guidance
- Trademark risk reports
These tools make the process easier for new brands and help ensure your trademark is ready to file.
How to Check Logo Trademarks
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 trademark search 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 trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
From Search to Registration: Next Steps
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 examination, publication, and if no objections arise, your mark is officially registered.
Conclusion
A proper trademark search in India is the first step in securing your identity. It ensures your brand assets are free to use, protected by law, and ready for registration.
With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page