Readers Views Point on public search of trade marks and Why it is Trending on Social Media
Readers Views Point on public search of trade marks and Why it is Trending on Social Media
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 government-maintained database maintained by the Trade Marks Registry of India. This process helps verify whether your proposed trademark is available or if it overlaps with any existing mark.
Doing a trademark search at the beginning of the branding process reduces the risk of legal violation and ensures your brand identity remains unique and legally protected.
Why is Trade Mark Search Important?
Doing a trade mark search prior to filing is not just wise—it’s crucial for ensuring success. A thorough search lets you:
- Prevent selecting 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 denied, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry provides an official website where anyone can perform a trademark search. To search:
- Go to the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- View results
This tool gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
Understanding 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 focused.
For example, apparel brands usually search under Class 25, while tech products often go under Class 9. Understanding this system is key to getting relevant results.
Different Types of Trademark Checks
When checking for trademark availability, perform 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 in a different way.
This ensures you spot trademarks that could lead to confusion, giving you better security before applying.
Where to Do Trademark Searches
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Search filters
- Legal guidance
- Detailed reports
These tools make the process easier for new brands and help ensure your trademark is ready to file.
Trademark Search for Logo and Device Marks
If your brand identity uses 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 match another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a trademark attorney brings experience to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds accuracy and peace of mind.
After You Search: What’s Next?
Once your search confirms the mark is clear, you can start the application process. This check trade mark includes:
- Filling forms
- Selecting classes
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is officially registered.
Conclusion
A proper trademark search in India is the first step in protecting your brand. It ensures your name, logo or slogan are unique, legally safe, and fit for filing.
With simple search platforms and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page