How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is free to use 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 brand identity remains unique 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 critical for ensuring success. A comprehensive search lets you:
- Avoid choosing already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Streamline the registration process
Without adequate 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 platform 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
- Select the correct class
- View results
This platform 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. Choosing the correct class ensures your search is accurate.
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.
Phonetic and Wordmark Searches
When checking for trademark availability, perform both wordmark and phonetic searches. A literal match check looks for same or close spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This ensures you spot trademarks that could pose legal issues, 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 advanced features like:
- Search 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 conflict with another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a legal expert brings clarity to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, check trade mark 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
- Selecting classes
- Submitting payments
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 most important step in protecting your brand. 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.