Essential Things You Must Know on public search of trade marks
Essential Things You Must Know 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 means reviewing existing applied or approved trademarks in the central database hosted by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is free to use or if it interferes with any existing mark.
Doing a trademark search before the branding process minimises the risk of legal violation and ensures your brand identity remains unique and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search in advance of application is not just smart—it’s critical for avoiding problems. A comprehensive search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Ensure your brand is unique
- Speed up the registration process
Without proper checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark 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
- View results
This platform gives you visibility into both registered trademarks and pending applications, so you know where your brand stands.
Understanding Trademark Classes
Each trademark falls under 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 relevant.
For example, a clothing label usually search 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, run both wordmark and phonetic searches. A literal match check looks for same or close spellings. A phonetic search finds names that sound alike, even if spelled differently.
This helps you catch trademarks that could cause conflicts, giving you better security before applying.
Tools for Trademark Search in India
The CGPDTM provides a free, government search tool. There are also external platforms that offer advanced features like:
- Search filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for new brands and give confidence that your trademark is clear to register.
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 Registry portal supports image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t conflict with another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a trademark attorney brings depth to the process. Professionals:
- Know trademark law deeply
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds accuracy and peace of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Conclusion
A thorough trademark search in India is the trademark search first step in securing your identity. It ensures your name, logo or slogan are free to use, 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 starts with a strong foundation. Report this page