The Blog on check trade mark
The Blog on check trade mark
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing registered or pending trademarks in the official database maintained by the Trade Marks Registry of India. This process helps identify whether your proposed trademark is free to use or if it overlaps with any existing mark.
Doing a trademark search early in the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s essential for avoiding problems. A comprehensive search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Simplify the registration process
Without careful checking, your trademark application might be rejected, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry provides an official website where anyone can do a trademark search. To search:
- Access the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Choose the correct class
- View results
This platform gives you visibility into both approved marks and pending applications, so you can check availability.
Understanding Trademark Classes
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 focused.
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 relevant results.
Different Types of Trademark Checks
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check looks for identical or similar 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 private platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for new brands and help ensure your trademark is ready to file.
Trademark Search for Logo and Device Marks
If your trademark includes 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 infringe on another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a legal expert brings clarity 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 peace of mind.
After You Search: What’s Next?
Once your search confirms the mark is available, you can start the application process. This includes:
- Preparing documents
- Selecting classes
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is granted.
Secure Your Brand with Smart Trade Mark Checks
A thorough trademark search in India is the first step in protecting your brand. It ensures your brand assets are unique, protected by law, and public search of trade marks 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