The Blog to Learn More About public search of trade marks and its Importance
The Blog to Learn More About public search of trade marks and its Importance
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
A trademark search means reviewing existing applied or approved trademarks in the official database run by the Trade Marks Registry of India. This process helps identify whether your chosen trademark is free to use or if it overlaps with any existing mark.
Doing a trademark search early in 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 avoiding problems. A comprehensive search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Streamline the registration process
Without adequate checking, your trademark application might be rejected, 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:
- Go to the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, so you can check availability.
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. Choosing the correct class ensures your search is accurate.
For example, a clothing label usually fall under Class 25, while tech products often go under Class 9. Understanding this system is key to getting relevant 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 sound alike, even if spelled differently.
This ensures you catch trademarks that could cause conflicts, giving you better security before applying.
Where to Do Trademark Searches
The Indian IP Office find trademark provides a free, official search tool. There are also private 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’ll need to 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 symbol or logo doesn’t infringe on another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While anyone can search, a legal expert 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.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets 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