How Much Do You Know About public search of trade marks?
How Much Do You Know About 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 applied or approved trademarks in the official database hosted by the Trade Marks Registry of India. This process helps identify whether your proposed trademark is available or if it overlaps with any existing mark.
Doing a trademark search at the beginning of the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just smart—it’s crucial for protecting your brand. A comprehensive search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Speed up the registration process
Without proper checking, your trademark application might be denied, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry provides an official platform where anyone can run a trademark search. To search:
- Access 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 platform gives you visibility into both approved marks 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 accurate.
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, run both wordmark and phonetic searches. A wordmark search 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 pose legal issues, 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, government search tool. There are also third-party platforms that offer advanced features like:
- Smart 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 visual mark check. Searching logos is more complex than wordmark searches, but the find trademark Registry portal supports visual 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 legal expert brings depth to the process. Professionals:
- Know trademark law deeply
- 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:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are unique, legally safe, and fit for filing.
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