Essential Things You Must Know on trademark search
Essential Things You Must Know on trademark search
Blog Article
Trade Mark Search in India Made Easy: A Guide to Quick and Effective Checks
What is a Trademark Search?
A trademark search involves checking existing applied or approved trademarks in the central database hosted 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 before the branding process minimises the risk of legal violation and ensures your brand identity remains unique and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search before registering is not just wise—it’s crucial for avoiding problems. A careful search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Streamline the registration process
Without careful checking, your trademark application might be denied, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry offers 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
- View results
This tool gives you visibility into both approved marks and filed requests, so you know where your brand stands.
What Are 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 focused.
For example, apparel brands usually fall under Class 25, while software tools 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, do both wordmark and phonetic searches. A literal match check looks for same or close spellings. A phonetic search finds names that are pronounced similarly, even if spelled differently.
This helps you catch trademarks that could pose legal issues, giving you better security before applying.
Resources and Platforms for Trade Mark Checks
The CGPDTM provides a free, official search tool. There are also external platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your brand identity uses a logo, you’ll need to perform a device mark search. 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 conflict with another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters trademark search 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 most important step in protecting your brand. It ensures your brand assets are unique, legally safe, 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