The Must Know Details and Updates on public search of trade marks
The Must Know Details and Updates 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 central database hosted by the Trade Marks Registry of India. This procedure helps identify whether your proposed trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search at the beginning of the branding process reduces the risk of infringement and ensures your trademark identity remains unique and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search prior to filing is not just smart—it’s crucial for ensuring success. A comprehensive search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Simplify 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 maintains an official platform where anyone can do a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This platform gives you visibility into both approved marks and pending applications, so you can check availability.
Why Trademark Classification Matters
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 focused.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Different Types of Trademark Checks
When checking for trademark availability, do 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 differently.
This helps you public search of trade marks catch trademarks that could cause conflicts, giving you better peace of mind before applying.
Resources and Platforms for Trade Mark Checks
The Controller General of Patents, Designs, and Trade Marks provides a free, official search tool. There are also private platforms that offer advanced features like:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for startups and give confidence that your trademark is clear to register.
Searching for Non-Text Trade 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 government system supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t infringe on another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney 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 clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Conclusion
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are free to use, legally safe, and ready for registration.
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