Latest News on public search of trade marks
Latest News on public search of trade marks
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search involves checking existing registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search early in the branding process reduces the risk of infringement and ensures your brand 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 critical for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Maintain exclusivity
- 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
- Open the public search section
- Enter your keyword
- Select the correct class
- View results
This platform 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. Identifying the proper class ensures your search is accurate.
For example, a clothing label usually search 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, run both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A phonetic search finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch trademarks that could pose legal issues, giving you better security before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools simplify trademark checking for small businesses and help ensure your trademark is ready to file.
Searching for Non-Text Trade Marks
If your trademark includes a logo, you must perform a device mark search. Searching logos is trademark search 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.
Why Hire a Trademark Consultant?
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 peace of mind.
Post-Search Steps: Filing Your Trademark
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 examination, journal listing, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the most important step in securing your identity. It ensures your name, logo or slogan are unique, protected by law, and fit for filing.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand starts with a strong foundation. Report this page