Article to Know on public search of trade marks and Why it is Trending?
Article to Know on public search of trade marks and Why it is Trending?
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Understanding Trademark Search in India
A trademark search means reviewing existing registered or pending trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps identify whether your proposed trademark is free to use or if it conflicts with any existing mark.
Conducting a trademark search before the branding process minimises the risk of legal violation and ensures your brand identity remains unique and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just wise—it’s critical for avoiding problems. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- 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 website where anyone can perform a trademark search. To search:
- Access 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 registered trademarks and pending applications, so you can check availability.
Why Trademark Classification Matters
Each trademark is grouped into 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 focused.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for identical or similar spellings. A phonetic search finds names that sound alike, even if spelled in a different way.
This ensures you catch trademarks that could pose legal issues, giving you better peace of mind 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 advanced features like:
- Search filters
- Legal guidance
- Detailed reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
How to Check Logo Trademarks
If your brand identity uses a logo, you must perform a device mark search. 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 another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While anyone can search, a legal expert brings experience to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Suggest alternatives
- Support filing and follow-up
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 file your trademark. This includes:
- Preparing documents
- Selecting classes
- 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 public search of trade marks the most important step in protecting your brand. It ensures your brand assets are unique, 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