The Blog on trademark in india search
The Blog on trademark in india search
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
What is a Trademark Search?
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 overlaps with any existing mark.
Performing a trademark search before the branding process minimises the risk of legal violation and ensures your trademark identity remains unique and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just smart—it’s critical for protecting your brand. A thorough search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Speed up the registration process
Without careful checking, your trademark application might be rejected, 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:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This platform gives you visibility into both registered trademarks and filed requests, so you can check availability.
Understanding Trademark Classes
Each trademark is grouped into 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 focused.
For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Knowing your public search of trade marks class is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for same or close spellings. A phonetic search finds names that sound alike, even if spelled in a different way.
This ensures you catch trademarks that could cause conflicts, giving you better security before applying.
Resources and Platforms for Trade Mark Checks
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
- Expert analysis
- Detailed reports
These tools simplify trademark checking for small businesses and help ensure your trademark is clear to register.
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 match another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While anyone can search, a trademark attorney brings depth to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Recommend changes
- Handle the registration process
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 examination, journal listing, and if no objections arise, your mark is granted.
Conclusion
A proper trademark search in India is the most important step in protecting your brand. It ensures your name, logo or slogan are free to use, legally safe, and ready for registration.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page