find trademark - Knowing The Best For You
find trademark - Knowing The Best For You
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
A trademark search is about examining existing registered or pending trademarks in the government-maintained 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 infringement and ensures your trademark identity remains unique and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search in advance of application is not just smart—it’s crucial for protecting your brand. A comprehensive search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Ensure your brand is unique
- Simplify the registration process
Without careful checking, your trademark application might be denied, 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
- Open the public search section
- Enter your keyword
- Select the correct class
- View results
This tool gives you visibility into both approved marks and filed requests, so you can check availability.
Why Trademark Classification Matters
Each trademark is grouped into 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 search under Class 25, while tech products often go under Class 9. Knowing your class 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 are pronounced similarly, even if spelled differently.
This helps you catch trademarks that could cause conflicts, giving you better security before applying.
Tools for Trademark Search in India
The Controller General of Patents, Designs, and Trade Marks provides a free, official search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
How to Check Logo Trademarks
If your brand identity uses a logo, you must 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 design or icon doesn’t infringe on another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While anyone can search, a trademark attorney brings experience to the process. Professionals:
- Know trademark law deeply
- Identify hidden risks
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds accuracy and legal public search tm confidence.
After You Search: What’s Next?
Once your search confirms the mark is clear, you can start the application process. This includes:
- Filling forms
- Selecting classes
- Paying government fees
The process then enters examination, publication, and if no objections arise, your mark is granted.
Conclusion
A proper trademark search in India is the first step in securing your identity. It ensures your brand assets are free to use, 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 starts with a strong foundation. Report this page