Don't Fall to check trade mark Blindly, Read This Article
Don't Fall to check trade mark Blindly, Read This Article
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the official database run by the Trade Marks Registry of India. This procedure helps verify whether your proposed trademark is available or if it interferes with any existing mark.
Performing a trademark search before the branding process minimises the risk of infringement and ensures your brand identity remains distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s critical for protecting your brand. A careful search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Streamline the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official portal where anyone can run a trademark search. To search:
- Go to 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 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. Selecting the right class ensures your search is focused.
For example, a clothing label usually fall under Class 25, while tech products often go under Class 9. Understanding this system 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 wordmark search looks for same or close spellings. A sound-based check finds names that sound alike, even if spelled in a different way.
This ensures you catch trademarks that could cause conflicts, giving you better security before applying.
Tools for Trademark Search in India
The CGPDTM provides a free, government search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for startups and help ensure your trademark is clear to register.
How to Check Logo Trademarks
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 government system supports visual filters and keyword tagging.
This ensures your symbol or logo public search tm doesn’t conflict with another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While anyone can search, a legal expert brings experience to the process. Professionals:
- Know trademark law deeply
- Identify hidden risks
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds accuracy and legal confidence.
From Search to Registration: Next Steps
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Conclusion
An early trademark search in India is the first step in securing your identity. 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