The Blog on public search of trade marks
The Blog on public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search is about examining existing registered or pending trademarks in the central database run by the Trade Marks Registry of India. This process helps determine whether your proposed trademark is available or if it conflicts with any existing mark.
Doing a trademark search early in the branding process reduces the risk of legal violation and ensures your brand identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just wise—it’s crucial for avoiding problems. A thorough search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Speed up 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 platform gives you visibility into both registered trademarks 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, a clothing label usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Different Types of Trademark Checks
When checking for trademark availability, run both wordmark and phonetic searches. A wordmark search looks for identical or similar 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.
Tools for Trademark Search in India
The Controller General of Patents, Designs, and Trade Marks provides a free, official search tool. There are also private platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools make the process easier for startups and help ensure your trademark is ready to file.
Searching for Non-Text Trade Marks
If your brand identity uses a logo, you must 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 symbol or logo doesn’t conflict with another registered design, avoiding legal issues.
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
- Identify hidden risks
- 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 clear, 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.
Secure Your Brand with Smart Trade Mark Checks
A proper trademark search in India is the most important step in securing your identity. It ensures your name, logo or slogan are free to use, legally safe, and fit for filing.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong public search tm foundation. Report this page