The Must Know Details and Updates on public search of trade marks
The Must Know Details and Updates 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 means reviewing existing registered or pending trademarks in the central database hosted 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.
Doing a trademark search early in the branding process minimises the risk of legal violation and ensures your trademark identity remains distinctive and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just wise—it’s crucial for protecting your brand. A thorough search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Streamline the registration process
Without careful checking, your trademark application might be denied, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry maintains an official platform where anyone can do a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
What Are Trademark Classes?
Each trademark falls under 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 relevant.
For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch trademarks that could cause conflicts, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Controller General of Patents, Designs, public search of trade marks and Trade Marks provides a free, government search tool. There are also external platforms that offer advanced features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device 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 government system supports image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
From Search to Registration: Next Steps
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are unique, legally safe, and fit for filing.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page