How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search involves checking existing applied or approved trademarks in the government-maintained database hosted by the Trade Marks Registry of India. This process helps determine whether your desired trademark is available or if it interferes with any existing mark.
Conducting a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your trademark identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search in advance of application is not just wise—it’s crucial for ensuring success. A comprehensive search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Streamline the registration process
Without adequate checking, your trademark application might be rejected, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry offers 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
- Check for matches
This platform gives you visibility into both registered trademarks and filed requests, so you know where your brand stands.
Why Trademark Classification Matters
Each trademark belongs to a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Identifying the proper class ensures your search is relevant.
For example, apparel brands usually fall under Class 25, while tech products often go under Class 9. Understanding this system is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A wordmark search 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 spot trademarks that could lead to confusion, giving you better peace of mind before applying.
Where to Do Trademark Searches
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
- Detailed reports
These tools simplify trademark checking for new brands and help ensure your trademark is ready to file.
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 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
- 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 available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Submitting payments
The process then enters examination, journal listing, and if no objections arise, your mark is granted.
Secure Your Brand with Smart Trade Mark Checks
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, legally safe, public search tm and fit for filing.
With easy-to-use tools and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation.