public search tm - Knowing The Best For You
public search tm - Knowing The Best For You
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 means reviewing existing applied or approved trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This procedure helps verify whether your chosen trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search before the branding process reduces the risk of infringement and ensures your brand identity remains unique and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just smart—it’s critical for protecting your brand. A thorough search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Simplify the registration process
Without proper checking, your trademark application might be opposed, wasting time and resources.
How to Check a Trade Mark 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
- Choose the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, so you can check availability.
Understanding Trademark Classes
Each trademark is grouped into 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 search under Class 25, while software tools often go under Class 9. Knowing your class is key to getting relevant results.
Phonetic and Wordmark Searches
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 sound alike, even if spelled differently.
This ensures you spot trademarks that could pose legal issues, giving you better peace of mind 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 third-party platforms that offer extra features like:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
Searching for Non-Text Trade 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 Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t infringe on another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While individuals can check trademarks, a legal public search tm expert brings experience to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
From Search to Registration: Next Steps
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Filling forms
- Choosing categories
- 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 proper trademark search in India is the most important step in protecting your brand. It ensures your name, logo or slogan are free to use, legally safe, and fit for filing.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page