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
Trademark Search Basics – What You Need to Know
A trademark search means reviewing existing applied or approved trademarks in the official database run 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 minimises the risk of legal violation and ensures your brand 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 thorough search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Prevent future disputes
- Maintain exclusivity
- Simplify the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official website where anyone can perform a trademark search. To search:
- Access the Trade Marks Registry website
- Navigate to 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.
Why Trademark Classification Matters
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 accurate.
For example, a clothing label usually fall under find trademark Class 25, while tech products often go under Class 9. Understanding this system is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, perform 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 in a different way.
This helps you spot trademarks that could cause conflicts, giving you better peace of mind before applying.
Where to Do Trademark Searches
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also external platforms that offer advanced features like:
- Search filters
- Expert analysis
- Detailed reports
These tools simplify trademark checking for small businesses and give confidence that your trademark is ready to file.
Trademark Search for Logo and Device Marks
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, avoiding legal issues.
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
- 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 start the application process. This includes:
- Filling forms
- Selecting classes
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Conclusion
A proper trademark search in India is the first step in securing your identity. 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