Don't Fall to check trade mark Blindly, Read This Article
Don't Fall to check trade mark Blindly, Read This Article
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 run by the Trade Marks Registry of India. This procedure helps determine whether your proposed trademark is available or if it interferes with any existing mark.
Performing a trademark search early in the branding process minimises the risk of infringement and ensures your brand identity remains distinctive and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search before registering is not just smart—it’s essential for ensuring success. A careful search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Speed up 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
- View results
This tool gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
Understanding Trademark Classes
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 tech products often go under Class 9. Knowing your class is key trademark search 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 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 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 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 symbol or logo doesn’t match another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a trademark attorney brings experience to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is clear, 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 officially registered.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are unique, protected by law, and ready for registration.
With simple search platforms and expert help, the process is now accessible. Begin with clarity—because a strong brand starts with a strong foundation. Report this page