public search of trade marks - Knowing The Best For You
public search of trade marks - Knowing The Best For You
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Understanding Trademark Search in India
A trademark search is about examining 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 free to use or if it interferes with any existing mark.
Conducting 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 prior to filing is not just wise—it’s crucial for avoiding problems. A thorough search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Simplify the registration process
Without proper 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 portal where anyone can run a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Choose the correct class
- Browse the list
This tool gives you visibility into both approved marks and filed requests, so you can check availability.
Why Trademark Classification Matters
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 accurate.
For example, apparel brands usually fall under Class 25, while tech products often go under Class 9. Understanding this system is key to getting relevant results.
Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for same or close spellings. A phonetic search finds names that are pronounced similarly, even if spelled check trade mark differently.
This helps you spot trademarks that could lead to confusion, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also external platforms that offer extra features like:
- Search filters
- Expert analysis
- Detailed reports
These tools simplify trademark checking for startups 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 government system supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
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.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the 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 needs a strong foundation. Report this page