public search tm, the Unique Services/Solutions You Must Know
public search tm, the Unique Services/Solutions You Must Know
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 registered or pending trademarks in the central database maintained by the Trade Marks Registry of India. This process helps verify whether your desired trademark is available or if it conflicts with any existing mark.
Conducting a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your brand identity remains distinctive and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just wise—it’s essential for protecting your brand. A comprehensive search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Simplify 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 do a trademark search. To search:
- Access the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose 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 is grouped into a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Choosing the correct class ensures your search is focused.
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 relevant results.
Phonetic and Wordmark Searches
When checking for trademark availability, run both wordmark and phonetic searches. A wordmark search looks for find trademark identical or similar spellings. A sound-based check finds names that sound alike, even if spelled differently.
This ensures you spot trademarks that could cause conflicts, giving you better security before applying.
Where to Do Trademark Searches
The Indian IP Office provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools simplify trademark checking for new brands and help ensure your trademark is ready to file.
Searching for Non-Text Trade Marks
If your trademark includes a logo, you must perform a visual mark check. Searching logos is more complex than wordmark searches, but the Registry portal supports visual filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a trademark attorney brings depth to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- 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 available, you can start the application process. This includes:
- Filling forms
- Selecting classes
- Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Final Thoughts on Trademark Search
A proper trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are unique, protected by law, and ready for registration.
With simple search platforms and expert help, the process is now accessible. Begin with clarity—because a strong brand starts with a strong foundation. Report this page