Don't Fall to public search of trade marks Blindly, Read This Article
Don't Fall to public search of trade marks Blindly, Read This Article
Blog Article
Trade Mark Search in India Made Easy: A Guide to Quick and Effective Checks
Trademark Search Basics – What You Need to Know
A trademark search involves checking existing registered or pending trademarks in the central database run by the Trade Marks Registry of India. This process helps determine whether your proposed trademark is free to use or if it overlaps with any existing mark.
Conducting a trademark search at the beginning of 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 smart—it’s critical for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Streamline 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 offers an official website where anyone can run a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This platform gives you visibility into both approved marks and pending applications, so you know where your brand stands.
What Are Trademark Classes?
Each trademark is grouped into 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 accurate.
For example, apparel brands usually fall under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch trademarks that could pose legal issues, giving you better peace of mind before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your trademark includes a logo, you must 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 check trade mark another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
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 strategy and legal confidence.
From Search to Registration: Next Steps
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, 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 free to use, legally safe, 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