Don't Fall to trademark search Blindly, Read This Article
Don't Fall to trademark search 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 is about examining existing applied or approved trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps determine whether your desired trademark is available 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 brand identity remains distinctive 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 careful search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Streamline the registration process
Without adequate 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:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
What Are 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 accurate.
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, run 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.
Where to Do Trademark Searches
The CGPDTM provides a free, official search tool. There are also private platforms that offer extra features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for new brands and help ensure your trademark is clear to register.
Searching for Non-Text Trade Marks
If your brand identity uses a logo, you’ll need to perform a visual mark check. 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 conflict with another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a trademark attorney brings clarity 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.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- trademark search Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Conclusion
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are unique, protected by law, 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