How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
A trademark search involves checking existing registered or pending trademarks in the official database hosted by the Trade Marks Registry of India. This procedure helps identify whether your desired trademark is available or if it overlaps with any existing mark.
Performing a trademark search at the beginning of 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 prior to filing is not just smart—it’s crucial for avoiding problems. A thorough search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Maintain exclusivity
- Streamline the registration process
Without adequate checking, your trademark application might be opposed, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry offers an official portal where anyone can perform a trademark search. To search:
- Visit 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.
Understanding Trademark Classes
Each trademark falls under 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 fall 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 literal match check looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch trademarks that could pose legal issues, giving you better peace trademark search of mind before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, government search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
Trademark Search for Logo and Device Marks
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 infringe on 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
- Spot potential conflicts
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and peace of mind.
From Search to Registration: Next Steps
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 examination, journal listing, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are free to use, 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 starts with a strong foundation.