Essential Things You Must Know on public search of trade marks
Essential Things You Must Know on public search of trade marks
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This process helps verify 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 protected.
Why is Trade Mark Search Important?
Doing a trade mark search in advance of application is not just smart—it’s crucial for protecting your brand. A careful search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Speed up 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 perform a trademark search. To search:
- Access the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose the correct class
- Check for matches
This platform gives you visibility into both registered trademarks and pending applications, so you can check availability.
Understanding Trademark Classes
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 relevant.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This ensures you spot trademarks that could lead to confusion, giving you better security 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:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for new brands and help ensure your trademark is clear to register.
How to Check Logo Trademarks
If your trademark includes a trademark search logo, you’ll need to perform a device mark search. 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.
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 legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- 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 name, logo or slogan are unique, legally safe, and fit for filing.
With simple search platforms and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page