Why You Need to Know About check trade mark?
Why You Need to Know About check trade mark?
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
Trademark Search Basics – What You Need to Know
A trademark search is about examining existing applied or approved trademarks in the government-maintained database maintained by the Trade Marks Registry of India. This procedure helps verify whether your desired trademark is available or if it conflicts with any existing mark.
Doing a trademark search early in the branding process reduces the risk of infringement and ensures your trademark identity remains distinctive and legally protected.
Why is Trade Mark Search Important?
Doing a trade mark search in advance of application is not just wise—it’s essential for protecting your brand. A careful search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Maintain exclusivity
- Streamline the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
How to Check a Trade Mark 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
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and filed requests, 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. Choosing the correct class ensures your search is relevant.
For example, a clothing label usually fall 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 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 third-party platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools simplify trademark checking for small businesses and help ensure your trademark is clear to register.
Searching for Non-Text Trade Marks
If your trademark includes 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 infringe on another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While anyone public search tm 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.
After You Search: What’s Next?
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 granted.
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. Report this page