Essential Things You Must Know on trademark in india search
Essential Things You Must Know on trademark in india search
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
A trademark search is about examining existing applied or approved trademarks in the central database hosted by the Trade Marks Registry of India. This procedure helps determine whether your desired 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 distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s essential for ensuring success. A thorough search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Simplify the registration process
Without careful checking, your trademark application might be denied, 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
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
What Are Trademark Classes?
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 relevant.
For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Phonetic and Wordmark Searches
When checking for trademark availability, do 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 ensures you spot trademarks that could lead to confusion, giving you better security before applying.
Resources and Platforms for Trade Mark Checks
The Indian IP Office provides a free, government search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for new brands and help ensure your trademark is clear to register.
How to Check Logo Trademarks
If your trademark includes a logo, you’ll need to 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 symbol or logo doesn’t match another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While anyone can search, a trademark attorney brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds accuracy and peace check trade mark of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Conclusion
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 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