Essential Things You Must Know on check trade mark
Essential Things You Must Know on check trade mark
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search is about examining existing registered or pending trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This process helps identify whether your desired trademark is free to use or if it conflicts with any existing mark.
Doing a trademark search at the beginning of the branding process reduces the risk of legal violation and ensures your trademark identity remains distinctive and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search in advance of application is not just wise—it’s crucial for protecting your brand. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Simplify the registration process
Without careful checking, your trademark application might be opposed, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry offers an official platform where anyone can run a trademark search. To search:
- Visit 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 approved marks and filed requests, so you know where your brand stands.
Understanding Trademark Classes
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 relevant.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting precise results.
Different Types of Trademark Checks
When checking for trademark availability, do check trade mark 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 differently.
This helps you spot trademarks that could cause conflicts, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and help ensure your trademark is clear to register.
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 image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
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.
After You Search: What’s Next?
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.
Secure Your Brand with Smart Trade Mark Checks
A proper 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 fit for filing.
With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page