Trending Update Blog on trademark search
Trending Update Blog on trademark search
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 applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This procedure helps determine whether your chosen trademark is available or if it overlaps with any existing mark.
Conducting a trademark search before the branding process minimises the risk of infringement and ensures your trademark identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just wise—it’s critical for avoiding problems. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Simplify the registration process
Without careful 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 portal 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 filed requests, so you know where your brand stands.
Understanding Trademark Classes
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 relevant.
For example, a clothing label usually search under Class 25, while tech products often go under Class 9. Knowing your class is key to getting relevant 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 identical or similar spellings. A phonetic search finds names that sound alike, even public search of trade marks if spelled in a different way.
This ensures you catch trademarks that could pose legal issues, giving you better security before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools simplify trademark checking for new brands and give confidence that your trademark is ready to file.
How to Check Logo Trademarks
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 infringe on another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
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:
- Preparing documents
- Selecting classes
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in protecting your brand. It ensures your name, logo or slogan are free to use, protected by law, and fit for filing.
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