The Must Know Details and Updates on trademark search
The Must Know Details and Updates on trademark search
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the official database run by the Trade Marks Registry of India. This procedure helps verify whether your proposed trademark is available or if it conflicts with any existing mark.
Doing a trademark search at the beginning of the branding process minimises the risk of infringement and ensures your brand identity remains unique and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just wise—it’s essential for protecting your brand. A thorough search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Simplify 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 offers an official platform where anyone can perform a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- Check for matches
This tool gives you visibility into both approved marks and pending applications, so you know where your brand stands.
What Are Trademark Classes?
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, apparel brands usually search under Class 25, while software tools 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 identical or similar spellings. A sound-based check finds names that are pronounced similarly, even if spelled differently.
This helps you spot trademarks that could lead to confusion, giving you better peace of mind before applying.
Where to Do Trademark Searches
The Indian IP Office provides a free, government 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 new brands and give confidence that your trademark is ready to file.
Searching for Non-Text Trade 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 match another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a trademark attorney brings depth to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds strategy and peace of mind.
After You Search: What’s Next?
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters check trade mark 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, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page