Why check trade mark is a Trending Topic Now?
Why check trade mark is a Trending Topic Now?
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search means reviewing existing registered or pending trademarks in the official database hosted by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is available or if it overlaps with any existing mark.
Conducting a trademark search before the branding process reduces the risk of infringement and ensures your trademark identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just smart—it’s essential for protecting your brand. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs 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
- Navigate to the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This platform gives you visibility into both approved marks and pending applications, so you can check availability.
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 relevant.
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 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 are pronounced similarly, even if spelled in a different way.
This helps you catch trademarks that could cause conflicts, giving you better peace of mind 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:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
How to Check Logo Trademarks
If your trademark includes a logo, you must 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 symbol or logo doesn’t match another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While anyone can search, a legal expert brings depth to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds strategy and peace of mind.
Post-Search Steps: Filing Your Trademark
Once your check trade mark search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are unique, protected by law, 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