The Benefits of Knowing public search tm
The Benefits of Knowing public search tm
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search involves checking existing applied or approved trademarks in the central database maintained by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is available or if it overlaps with any existing mark.
Doing a trademark search before the branding process reduces the risk of infringement and ensures your trademark identity remains unique and legally protected.
Why is Trade Mark Search Important?
Doing a trade mark search in advance of application is not just smart—it’s essential for protecting your brand. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Streamline the registration process
Without proper checking, your trademark application might be opposed, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry provides an official platform where anyone can do a trademark search. To search:
- Go to the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and pending applications, so you know where your brand stands.
What Are 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 relevant.
For example, apparel brands usually search 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, public search of trade marks even if spelled differently.
This ensures 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 external platforms that offer advanced features like:
- Search 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.
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 government system supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is officially registered.
Conclusion
A proper trademark search in India is the first step in protecting your brand. It ensures your brand assets are free to use, protected by law, 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