The Growing Craze About the public search of trade marks
The Growing Craze About the public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the government-maintained database run by the Trade Marks Registry of India. This procedure helps identify whether your proposed trademark is available or if it overlaps with any existing mark.
Performing a trademark search at the beginning of the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just smart—it’s crucial for avoiding problems. A thorough search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Simplify 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:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This platform gives you visibility into both approved marks 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 focused.
For example, apparel brands usually search under Class 25, while tech products often go under Class 9. Understanding this system is key to getting relevant results.
Phonetic and Wordmark Searches
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 public search tm 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 advanced features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for startups and give confidence that your trademark is ready to file.
How to Check Logo Trademarks
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 infringe on another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While anyone can search, a legal expert 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 strategy and legal confidence.
From Search to Registration: Next Steps
Once your search confirms the mark is clear, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the first step in protecting your brand. It ensures your brand assets are unique, protected by law, 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