Don't Fall to public search tm Blindly, Read This Article
Don't Fall to public search tm 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 government-maintained database hosted by the Trade Marks Registry of India. This procedure helps identify whether your proposed 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 distinctive and legally protected.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just smart—it’s crucial for avoiding problems. A thorough search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Simplify the registration process
Without proper checking, your trademark application might be opposed, 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
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This platform gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
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. Identifying the proper class ensures your search is relevant.
For example, a clothing label usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Phonetic and Wordmark Searches
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 sound alike, 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 advanced features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for new brands and give confidence that your trademark is ready to file.
Searching for Non-Text Trade Marks
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 image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a legal expert brings experience to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- 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 public search tm is clear, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A proper trademark search in India is the most important 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