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How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search is about examining 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 minimises the risk of legal violation and ensures your trademark identity remains distinctive and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search in advance of application is not just wise—it’s crucial for protecting your brand. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Streamline the registration process
Without proper checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry offers an official website where anyone can run a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- View results
This tool gives you visibility into both registered trademarks and pending applications, so you know where your brand stands.
Understanding Trademark Classes
Each trademark belongs to 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 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 wordmark search looks for same or close spellings. A sound-based public search tm check finds names that sound alike, even if spelled differently.
This ensures you spot trademarks that could cause conflicts, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Indian IP Office 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 new brands and help ensure your trademark is ready to file.
How to Check Logo Trademarks
If your trademark includes a logo, you must perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal 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
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Selecting classes
- Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Final Thoughts on Trademark Search
A proper trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are free to use, protected by law, and ready for registration.
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