find trademark - Knowing The Best For You
find trademark - Knowing The Best For You
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
What is a Trademark Search?
A trademark search involves checking existing registered or pending trademarks in the government-maintained database run 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.
Conducting a trademark search at the beginning of the branding process reduces the risk of infringement and ensures your trademark identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s critical for protecting your brand. A comprehensive search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Speed up the registration process
Without proper checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official portal where anyone can do a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This tool gives you visibility into both approved marks and filed requests, so you know where your brand stands.
Understanding Trademark Classes
Each trademark belongs to 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, apparel brands usually fall under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, do 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 in a different way.
This ensures you spot trademarks that could pose legal issues, 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:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and give confidence that your trademark is ready to file.
How to Check Logo Trademarks
If your trademark includes a logo, you must perform a visual mark check. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your symbol or logo doesn’t match another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While individuals can check trademarks, a legal expert brings depth 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:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Conclusion
A thorough trademark search in India is the first public search of trade marks step in securing your identity. It ensures your name, logo or slogan are unique, protected by law, and ready for registration.
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