Readers Views Point on public search of trade marks and Why it is Trending on Social Media
Readers Views Point on public search of trade marks and Why it is Trending on Social Media
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing registered or pending trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This procedure helps identify whether your chosen trademark is available or if it conflicts with any existing mark.
Performing a trademark search before the branding process minimises 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 wise—it’s crucial for ensuring success. A thorough search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Maintain exclusivity
- Speed up the registration process
Without adequate checking, your trademark application might be opposed, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry maintains an official website where anyone can perform a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Select the correct class
- Check for matches
This tool 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, apparel brands usually fall under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check looks for same or trademark search close spellings. A phonetic search finds names that sound alike, even if spelled in a different way.
This ensures you catch trademarks that could pose legal issues, giving you better security before applying.
Resources and Platforms for Trade Mark Checks
The CGPDTM provides a free, official search tool. There are also external platforms that offer extra features like:
- Search filters
- Legal guidance
- Detailed 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’ll need to 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 match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
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 strategy and legal confidence.
After You Search: What’s Next?
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, 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, protected by law, 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