The Most Spoken Article on public search of trade marks
The Most Spoken Article on public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search involves checking existing applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This procedure helps determine whether your chosen trademark is available or if it overlaps with any existing mark.
Doing a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your trademark 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 avoiding problems. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Streamline the registration process
Without proper 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:
- Visit the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, 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. Identifying the proper class ensures your search is focused.
For example, a clothing label 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, run 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 ensures you spot trademarks that could cause conflicts, giving you better security before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, official search tool. There are also private platforms that offer extra features like:
- Search filters
- Legal guidance
- Detailed reports
These tools make the process easier for startups 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 Registry portal supports visual filters and keyword tagging.
This ensures your design or icon doesn’t infringe on another registered design, avoiding legal issues.
Why Hire a Trademark Consultant?
While anyone can search, a legal expert brings experience to the process. Professionals:
- Understand public search of trade marks 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 review, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, legally safe, and ready for registration.
With simple search platforms and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page