Essential Things You Must Know on trademark search
Essential Things You Must Know on trademark search
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
A trademark search is about examining existing registered or pending trademarks in the government-maintained database run 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 at the beginning of the branding process reduces the risk of infringement and ensures your trademark identity remains distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s critical for avoiding problems. A careful search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Ensure your brand is unique
- Simplify the registration process
Without careful checking, your trademark application might be opposed, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry provides 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
- View results
This tool gives you visibility into both approved marks and pending applications, so you know where your brand stands.
What Are Trademark Classes?
Each trademark belongs to 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, 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, run both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A sound-based check finds names that sound alike, even if spelled differently.
This helps you catch trademarks that could cause conflicts, giving you better security 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 third-party platforms that offer extra features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools simplify trademark checking for small businesses and help ensure your trademark is clear to register.
How to Check Logo Trademarks
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 visual filters and keyword tagging.
This ensures your design or icon doesn’t match another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While anyone can search, a trademark attorney brings depth to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
After You Search: What’s Next?
Once your search confirms the mark is available, check trade mark you can start the application process. This includes:
- Filling forms
- Selecting classes
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is granted.
Conclusion
A proper trademark search in India is the first step in securing your identity. It ensures your brand assets are unique, protected by law, and ready for registration.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page