Essential Things You Must Know on public search of trade marks
Essential Things You Must Know on public search of trade marks
Blog Article
Trade Mark Search in India Made Easy: A Guide to Quick and Effective Checks
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This procedure helps determine whether your chosen trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your trademark 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 wise—it’s critical for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Speed up 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 platform where anyone can do a trademark search. To search:
- Access the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose the correct class
- Check for matches
This platform gives you visibility into both registered trademarks and filed requests, so you can check availability.
What Are Trademark Classes?
Each trademark belongs to a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Identifying the public search tm proper class ensures your search is relevant.
For example, apparel brands usually fall under Class 25, while tech products often go under Class 9. Knowing your class is key to getting relevant results.
Different Types of Trademark Checks
When checking for trademark availability, run both wordmark and phonetic searches. A wordmark search looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled differently.
This helps you catch trademarks that could cause conflicts, giving you better security before applying.
Resources and Platforms for Trade Mark Checks
The Controller General of Patents, Designs, and Trade Marks provides a free, official search tool. There are also private platforms that offer advanced features like:
- Search filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for small businesses and give confidence that your trademark is clear to register.
How to Check Logo Trademarks
If your trademark includes a logo, you’ll need to 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 conflict with another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a trademark attorney brings experience to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
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 examination, journal listing, 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 protecting your brand. It ensures your name, logo or slogan are free to use, legally safe, and 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