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
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 legal violation and ensures your trademark identity remains distinctive and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just wise—it’s crucial for ensuring success. A thorough search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Prevent future disputes
- Maintain exclusivity
- Streamline 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 portal where anyone can perform a trademark search. To search:
- Access 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 can check availability.
Why Trademark Classification Matters
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 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 relevant results.
Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A literal public search of trade marks match check looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled differently.
This ensures you spot trademarks that could lead to confusion, giving you better security before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, official search tool. There are also third-party platforms that offer advanced features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools simplify trademark checking for new brands and help ensure your trademark is ready to file.
How to Check Logo Trademarks
If your trademark includes a logo, you must 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 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
- Support filing and follow-up
For serious businesses, professional support adds strategy and peace of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is granted.
Secure Your Brand with Smart Trade Mark Checks
A proper trademark search in India is the first step in securing your identity. It ensures your brand assets are unique, legally safe, and fit for filing.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page