Readers Views Point on public search tm and Why it is Trending on Social Media
Readers Views Point on public search tm and Why it is Trending on Social Media
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How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search is about examining existing applied or approved trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This procedure helps identify whether your proposed trademark is free to use or if it conflicts with any existing mark.
Performing a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your brand identity remains distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s critical for ensuring success. A thorough search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Preserve distinctiveness
- Speed up the registration process
Without adequate checking, your trademark application might be denied, 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 perform a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This platform 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 focused.
For example, a clothing label usually fall under Class 25, while tech products often go under Class 9. Understanding this system is key to getting precise results.
Different Types of Trademark Checks
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for identical or public search of trade marks similar 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 security before applying.
Resources and Platforms for Trade Mark Checks
The Controller General of Patents, Designs, and Trade Marks provides a free, official search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for startups and help ensure 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 symbol or logo doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings depth 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.
From Search to Registration: Next Steps
Once your search confirms the mark is available, 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
An early trademark search in India is the first step in protecting your brand. It ensures your name, logo or slogan are free to use, protected by law, and ready for registration.
With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page