The Benefits of Knowing check trade mark
The Benefits of Knowing check trade mark
Blog Article
Trademark Search in India: How to Check and Find Trade Marks Easily and Effectively
What is a Trademark Search?
A trademark search means reviewing existing registered or pending trademarks in the central database run by the Trade Marks Registry of India. This process helps determine whether your proposed trademark is free to use or if it overlaps with any existing mark.
Conducting 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 critical for protecting your brand. A careful search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Ensure your brand is unique
- Speed up the registration process
Without proper 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 run a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Select the correct class
- Check for matches
This platform gives you visibility into both registered trademarks and filed requests, so you can check availability.
What Are Trademark Classes?
Each trademark belongs to 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 relevant.
For example, apparel brands usually fall under Class 25, while tech products often go under Class 9. Knowing your class is key to getting relevant 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 similar spellings. A phonetic search finds names that sound alike, even if spelled differently.
This helps you catch 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 private platforms that offer extra features like:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools simplify trademark checking for startups 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 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 infringe on another registered design, keeping your brand safe.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a trademark attorney brings experience to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Recommend changes
- Support filing and follow-up
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:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Conclusion
An early trademark search in India is the first step in protecting your brand. It ensures your public search of trade marks brand assets are unique, protected by law, and ready for registration.
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. Report this page