Essential Things You Must Know on check trade mark
Essential Things You Must Know on check trade mark
Blog Article
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 government-maintained database maintained by the Trade Marks Registry of India. This process helps identify whether your chosen trademark is free to use or if it conflicts with any existing mark.
Doing a trademark search at the beginning of the branding process reduces the risk of legal violation and ensures your trademark identity remains unique and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just smart—it’s critical for avoiding problems. A comprehensive search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Speed up the registration process
Without proper checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check 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 approved marks and pending applications, so you know where your brand stands.
Understanding Trademark Classes
Each trademark falls under 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 focused.
For example, a clothing label usually fall under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, run both wordmark and phonetic searches. A literal match check looks for same or close spellings. A phonetic search finds names that sound alike, even if spelled differently.
This helps 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 filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
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 symbol or logo public search of trade marks doesn’t infringe on another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- 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 start the application process. This includes:
- Filling forms
- Selecting classes
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Final Thoughts on Trademark Search
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, protected by law, and fit for filing.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation. Report this page