public search of trade marks - Knowing The Best For You
public search of trade marks - Knowing The Best For You
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 applied or approved trademarks in the central database run by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search early in the branding process reduces 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 smart—it’s essential for avoiding problems. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Streamline the registration process
Without proper checking, your trademark application might be opposed, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry provides an official platform where anyone can perform a trademark search. To search:
- Access the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- Check for matches
This platform 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. Choosing the correct class ensures your search is focused.
For example, a clothing label usually search 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, do 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 advanced features like:
- Search filters
- Expert analysis
- Detailed reports
These tools simplify trademark checking for new brands and give confidence that your trademark is ready to file.
Searching for Non-Text Trade Marks
If your brand identity uses a logo, you must 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 infringe on another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While anyone can search, a legal expert 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 of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is officially check trade mark registered.
Secure Your Brand with Smart Trade Mark Checks
A proper trademark search in India is the most important step in protecting your brand. It ensures your brand assets are unique, 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 starts with a strong foundation. Report this page