Why trademark search is a Trending Topic Now?
Why trademark search is a Trending Topic Now?
Blog Article
Trade Mark Search in India Made Easy: A Guide to Quick and Effective Checks
Understanding Trademark Search in India
A trademark search means reviewing existing registered or pending trademarks in the government-maintained database maintained by the Trade Marks Registry of India. This procedure helps identify whether your chosen 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 distinctive and legally protected.
Why is Trade Mark Search Important?
Doing a trade mark search in advance of application is not just smart—it’s crucial for protecting your brand. A careful search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Speed up the registration process
Without adequate checking, your trademark application might be opposed, 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
- Select the correct class
- View results
This platform gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
Understanding Trademark Classes
Each trademark falls under 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, a clothing label usually search under Class 25, while tech products often go under Class 9. Knowing your class is key to getting relevant results.
Different Types of Trademark Checks
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 are pronounced similarly, even if spelled differently.
This helps you catch trademarks that could pose legal issues, giving you better peace of mind before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that 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 Registry portal supports visual filters and keyword tagging.
This ensures your symbol or logo doesn’t conflict with another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
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.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is available, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Paying government public search tm fees
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Conclusion
A thorough trademark search in India is the most important step in protecting your brand. It ensures your name, logo or slogan are free to use, legally safe, and fit for filing.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because a strong brand starts with a strong foundation. Report this page