Don't Fall to trademark search Blindly, Read This Article
Don't Fall to trademark search Blindly, Read This Article
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search early in the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search prior to filing is not just wise—it’s essential for ensuring success. A careful search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Maintain exclusivity
- Simplify the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry maintains an official platform where anyone can run 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
- Check for matches
This tool 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 check trade mark for services. Choosing the correct class ensures your search is relevant.
For example, a clothing label usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting precise results.
Different Types of Trademark Checks
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 ensures you spot trademarks that could cause conflicts, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Indian IP Office provides a free, government search tool. There are also private platforms that offer extra features like:
- Smart filters
- Expert analysis
- Detailed reports
These tools simplify trademark checking for startups and give confidence that 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 design or icon doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
After You Search: What’s Next?
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 review, publication, and if no objections arise, your mark is officially registered.
Conclusion
A thorough trademark search in India is the first step in protecting your brand. It ensures your brand assets are unique, protected by law, and fit for filing.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page