Essential Things You Must Know on trademark in india search
Essential Things You Must Know on trademark in india search
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 government-maintained database maintained by the Trade Marks Registry of India. This process helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search before 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 smart—it’s essential for avoiding problems. A thorough search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Simplify the registration process
Without adequate checking, your trademark application might be denied, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry offers an official website where anyone can perform a trademark search. To search:
- Access the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Select the correct class
- Check for matches
This platform gives you visibility into both approved marks and filed requests, so you can check availability.
Why Trademark Classification Matters
Each trademark belongs to a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Selecting the right class ensures your search is accurate.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic trademark search searches. A wordmark search looks for same or close spellings. A sound-based check finds names that sound alike, even if spelled differently.
This helps you spot 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, government search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for small businesses and give confidence that 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
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds accuracy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A proper trademark search in India is the most important step in protecting your brand. It ensures your brand assets are unique, protected by law, and ready for registration.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page