Trending Update Blog on public search of trade marks
Trending Update Blog on public search of trade marks
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
What is a Trademark Search?
A trademark search involves checking existing applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This procedure helps determine whether your chosen trademark is available or if it overlaps with any existing mark.
Doing a trademark search before the branding process minimises the risk of legal violation and ensures your brand identity remains distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just wise—it’s crucial for protecting your brand. A comprehensive search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Speed up the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry offers 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
- Type your brand name or logo text
- Select 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. 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. Understanding this system is key to getting relevant 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 same or close spellings. A sound-based check finds names that sound alike, even if spelled differently.
This helps you spot trademarks that could lead to confusion, giving you better security before applying.
Where to Do Trademark Searches
The Controller General of Patents, Designs, and Trade Marks provides a free, official search tool. There are also external platforms that offer extra features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and help ensure 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 Registry portal supports visual filters and keyword tagging.
This ensures your symbol or logo doesn’t infringe on another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While anyone can search, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
From Search to Registration: Next Steps
Once your search confirms the mark is available, you can file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in protecting your brand. It ensures your brand assets are free to use, legally safe, and ready for registration.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because public search of trade marks a strong brand needs a strong foundation. Report this page