The Most Spoken Article on public search of trade marks
The Most Spoken Article on public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search involves checking existing registered or pending trademarks in the official database hosted by the Trade Marks Registry of India. This procedure helps determine whether your chosen trademark is available or if it conflicts with any existing mark.
Performing a trademark search early in the branding process reduces the risk of legal violation and ensures your brand identity remains distinctive and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just wise—it’s critical for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Simplify the registration process
Without careful checking, your trademark application might be rejected, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry provides an official platform 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
- View results
This tool gives you visibility into both approved marks and filed requests, so you know where your brand stands.
What Are Trademark Classes?
Each trademark is grouped into a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Choosing the correct class ensures your search is relevant.
For example, a clothing label usually search under Class 25, while tech products often public search tm 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, run both wordmark and phonetic searches. A literal match check 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 peace of mind before applying.
Tools for Trademark Search in India
The Indian IP Office provides a free, official search tool. There are also private platforms that offer extra features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools simplify trademark checking for new brands 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’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 design or icon doesn’t match another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a legal expert brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy 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
- Choosing categories
- Paying government fees
The process then enters examination, publication, 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, protected by law, 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