How Much Do You Know About trademark search?
How Much Do You Know About trademark search?
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Understanding Trademark Search in India
A trademark search is about examining existing registered or pending trademarks in the official database maintained by the Trade Marks Registry of India. This process helps determine whether your proposed trademark is available or if it conflicts 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 secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just smart—it’s critical for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Speed up the registration process
Without careful 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:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Choose the correct class
- View results
This platform gives you visibility into both registered trademarks and pending applications, so you know where your brand stands.
What Are Trademark Classes?
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 accurate.
For example, apparel brands usually search under Class 25, while software tools often go under Class 9. Understanding this system is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search 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 could pose legal issues, giving you better peace of mind before applying.
Where to Do Trademark Searches
The Indian IP Office provides a free, government search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed 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 trademark includes a logo, you’ll need to perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Recommend changes
- 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:
- Preparing documents
- Selecting classes
- public search tm Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
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 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