The Blog to Learn More About public search of trade marks and its Importance
The Blog to Learn More About public search of trade marks and its Importance
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search early in the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search prior to filing is not just wise—it’s crucial for ensuring success. A careful search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Maintain exclusivity
- Simplify the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check 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
- Open the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
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 relevant.
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.
Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check looks for same or close 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 security before applying.
Resources and Platforms for Trade Mark Checks
The CGPDTM provides a free, official search tool. There are also external platforms that offer extra 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.
Trademark Search for Logo and Device 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 government system supports image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t infringe on another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a legal expert brings experience to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds accuracy and peace of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. 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.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, legally safe, and fit for filing.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with find trademark clarity—because a strong brand needs a strong foundation. Report this page