public search of trade marks - Knowing The Best For You
public search of trade marks - Knowing The Best For You
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 is about examining existing registered or pending trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search at the beginning of the branding process minimises the risk of infringement and ensures your trademark identity remains unique and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just wise—it’s essential for protecting your brand. A careful search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Prevent future disputes
- 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 platform where anyone can do a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Choose the correct class
- Check for matches
This platform gives you visibility into both approved marks 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 fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Different Types of Trademark Checks
When checking for trademark availability, perform 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 in a different way.
This ensures you spot trademarks that could cause conflicts, giving you better security before applying.
Resources and Platforms for Trade Mark Checks
The Indian IP Office provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools simplify trademark checking for small businesses and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your brand identity uses a logo, you’ll need to perform a visual mark check. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with 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 classification systems
- Spot potential conflicts
- 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 clear, you trademark in india search can file your trademark. This includes:
- Filling forms
- Selecting classes
- Paying government fees
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 unique, 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 needs a strong foundation. Report this page