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 applied or approved trademarks in the government-maintained database maintained by the Trade Marks Registry of India. This process helps determine whether your proposed trademark is available or if it conflicts with any existing mark.
Doing a trademark search early in the branding process minimises the risk of legal violation and ensures your trademark identity remains distinctive and legally secured.
Importance of Doing a Trade Mark Search
Doing a trade mark search prior to filing is not just smart—it’s essential for avoiding problems. A thorough search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- 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 maintains an official website where anyone can do a trademark search. To search:
- Access the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose the correct class
- View results
This platform gives you visibility into both approved marks and pending applications, so you know where your brand stands.
Why Trademark Classification Matters
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 accurate.
For example, apparel brands usually search under Class 25, while software tools often go under Class 9. Knowing your class is key to getting relevant results.
Different Types of Trademark Checks
When checking for trademark availability, run both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A sound-based check finds names trademark in india search that are pronounced similarly, even if spelled differently.
This helps you spot trademarks that could lead to confusion, giving you better peace of mind 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 third-party platforms that offer extra features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for new brands and give confidence that your trademark is ready to file.
Trademark Search for Logo and Device Marks
If your trademark includes a logo, you’ll need to perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t match another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While anyone can search, a trademark attorney brings depth to the process. Professionals:
- Know trademark law deeply
- Identify hidden risks
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds accuracy and peace of mind.
After You Search: What’s Next?
Once your search confirms the mark is available, you can file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is granted.
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, and ready for registration.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation.