How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search early in the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s essential for ensuring success. A careful search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Avoid legal fights
- Maintain exclusivity
- Simplify the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry provides an official website where anyone can perform a trademark search. To search:
- Go to the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
What Are Trademark Classes?
Each trademark falls under a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Selecting the right class ensures your search is accurate.
For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Different Types of Trademark Checks
When checking for trademark availability, perform both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A sound-based check finds names that are pronounced similarly, even if spelled differently.
This helps you spot trademarks that could lead to confusion, giving you better security 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
- Legal guidance
- Trademark risk reports
These tools make the process easier for small businesses and help ensure your trademark is clear to register.
Searching for Non-Text Trade Marks
If your brand identity uses a logo, you’ll need to 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 symbol or logo doesn’t match another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While anyone can search, a legal expert brings experience 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
- Selecting classes
- Submitting payments
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Conclusion
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are unique, protected by law, trademark in india search 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.