Why trade mark search india is a Trending Topic Now?
Why trade mark search india is a Trending Topic Now?
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 involves checking existing registered or pending trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is available or if it overlaps with any existing mark.
Conducting a trademark search before the branding process minimises the risk of infringement and ensures your trademark identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just smart—it’s essential for protecting your brand. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Speed up the registration process
Without careful checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry provides an official platform where anyone can do a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Select the correct class
- View results
This tool gives you visibility into both registered trademarks 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. Choosing the correct class ensures your search is relevant.
For example, a clothing label usually search under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise results.
Different Types of Trademark Checks
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for same or close 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 pose legal issues, giving you better peace of mind before applying.
Where to Do Trademark Searches
The Indian IP Office provides a free, official search tool. There are also private platforms that offer advanced features like:
- Search filters
- Expert analysis
- Trademark public search of trade marks risk reports
These tools make the process easier for startups and help ensure your trademark is ready to file.
Trademark Search for Logo and Device Marks
If your brand identity uses a logo, you must perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports visual filters and keyword tagging.
This ensures your design or icon doesn’t match another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a legal expert brings experience 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 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
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, legally safe, 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