Article to Know on public search of trade marks and Why it is Trending?
Article to Know on public search of trade marks and Why it is Trending?
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search means reviewing existing applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This procedure helps identify whether your chosen trademark is available or if it interferes with any existing mark.
Performing a trademark search early in the branding process minimises the risk of legal violation and ensures your brand identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s critical for ensuring success. A thorough search lets you:
- Steer clear of 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 provides an official website where anyone can perform a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- 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 tech products often go under Class 9. Knowing your class is key to getting relevant results.
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 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.
Where to Do Trademark Searches
The CGPDTM provides a free, official 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 new brands and help ensure your trademark is ready to file.
Searching for Non-Text Trade Marks
If your trademark includes 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 symbol or logo doesn’t match another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, 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 strategy and peace of mind.
Post-Search Steps: Filing Your Trademark
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
An early trademark search in India is the public search of trade marks most important 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