The Most Spoken Article on public search of trade marks
The Most Spoken Article on public search of trade marks
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Trademark Search Basics – What You Need to Know
A trademark search is about examining existing applied or approved trademarks in the official database hosted by the Trade Marks Registry of India. This process helps verify whether your proposed trademark is free to use or if it conflicts with any existing mark.
Performing a trademark search early in the branding process reduces the risk of infringement and ensures your brand identity remains distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s critical for ensuring success. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Streamline the registration process
Without proper 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 portal where anyone can perform a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
Why Trademark Classification Matters
Each trademark is grouped into 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 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, perform both wordmark and public search of trade marks 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.
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 advanced features like:
- Smart 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 must perform a device mark search. Searching logos is more complex than wordmark searches, but the government system supports image-based 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 individuals can check trademarks, a trademark attorney brings experience to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is available, you can start the application process. This includes:
- Preparing documents
- Selecting classes
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is officially registered.
Conclusion
A proper trademark search in India is the most important step in securing your identity. It ensures your brand assets are free to use, protected by law, and ready for registration.
With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page