public search of trade marks - Knowing The Best For You
public search of trade marks - Knowing The Best For You
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Understanding Trademark Search in India
A trademark search is about examining existing applied or approved trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps verify whether your desired trademark is available or if it conflicts with any existing mark.
Performing a trademark search before the branding process reduces the risk of legal violation and ensures your brand identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just smart—it’s crucial for avoiding problems. A comprehensive search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Ensure your brand is unique
- Streamline the registration process
Without proper 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 maintains an official platform where anyone can do a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
Why Trademark Classification Matters
Each trademark falls under a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Selecting the right class ensures your search is relevant.
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.
Different Types of Trademark Checks
When checking for trademark availability, do both wordmark and phonetic searches. A literal match check looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This ensures you spot trademarks that could cause conflicts, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Search check trade mark filters
- Legal guidance
- Trademark risk reports
These tools make the process easier 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 more complex than wordmark searches, but the government system supports image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t match another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While anyone can search, a trademark attorney brings clarity 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.
From Search to Registration: Next Steps
Once your search confirms the mark is available, you can file your trademark. This includes:
- Preparing documents
- 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 thorough trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are free to use, legally safe, and ready for registration.
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