Why You Need to Know About trademark in india search?
Why You Need to Know About trademark in india search?
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Trademark Search Basics – What You Need to Know
A trademark search involves checking existing applied or approved trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This procedure helps identify whether your proposed trademark is available or if it overlaps with any existing mark.
Conducting a trademark search before the branding process minimises the risk of legal violation and ensures your brand identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s essential for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Simplify the registration process
Without proper checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry maintains an official portal where anyone can perform a trademark search. To search:
- Access the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose the correct class
- Browse the list
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. Identifying the proper class ensures your search is relevant.
For example, a clothing label usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting relevant results.
Why You Should Do Both 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 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 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 startups and help ensure your trademark is ready to file.
Searching for Non-Text Trade 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 visual 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:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
From Search to Registration: Next Steps
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, journal listing, and if no objections arise, your mark is granted.
Final Thoughts on Trademark Search
An early trademark search in India is the most important step in securing your identity. It ensures your name, logo or slogan are unique, check trade mark legally safe, and fit for filing.
With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page