How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search involves checking existing applied or approved trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps verify whether your desired trademark is free to use or if it interferes with any existing mark.
Doing a trademark search before the branding process minimises the risk of legal violation and ensures your brand identity remains unique and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search before registering is not just wise—it’s essential for protecting your brand. A careful search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Prevent future disputes
- Maintain exclusivity
- Streamline the registration process
Without adequate checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official portal where anyone can run a trademark search. To search:
- Go to the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Choose the correct class
- Browse the list
This tool gives you visibility into both approved marks and pending applications, so you know where your brand stands.
What Are Trademark Classes?
Each trademark is grouped into 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 accurate.
For example, apparel brands usually search under Class 25, while tech products often go under Class 9. Understanding this system is key to getting relevant results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search looks for same or close spellings. A sound-based check finds names that sound alike, even if spelled differently.
This ensures you spot trademarks that could lead to confusion, giving you better peace of mind before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, government search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for small businesses and give confidence that your trademark is ready to file.
Trademark Search for Logo and Device Marks
If your trademark includes a logo, you must 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 design or icon doesn’t infringe on another registered design, avoiding legal issues.
Professional Assistance for Trademark Search
While individuals can check trademarks, a legal expert brings experience to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds strategy and peace of mind.
Post-Search Steps: Filing Your Trademark
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Paying government fees
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A thorough 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 simple search platforms and expert help, anyone can conduct check trade mark a trademark search. Begin with clarity—because a strong brand needs a strong foundation.