How Much Do You Know About trademark search?
How Much Do You Know About trademark search?
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 official database maintained by the Trade Marks Registry of India. This process helps determine whether your desired trademark is available or if it interferes with any existing mark.
Doing a trademark search early in the branding process minimises the risk of legal violation and ensures your trademark identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just wise—it’s critical for protecting your brand. A thorough search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Simplify the registration process
Without proper checking, your trademark application might be opposed, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry offers 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
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, so you can check availability.
Understanding Trademark Classes
Each trademark is grouped into 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 focused.
For example, a clothing label usually search trademark search under Class 25, while tech products often go under Class 9. Understanding this system is key to getting relevant results.
Different Types of Trademark Checks
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check 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 CGPDTM provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
How to Check Logo Trademarks
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 Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t infringe on another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While anyone can search, a trademark attorney brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds accuracy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is clear, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Conclusion
An early trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan 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