How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search involves checking existing registered or pending trademarks in the government-maintained database run by the Trade Marks Registry of India. This procedure helps verify whether your chosen trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search before the branding process minimises the risk of legal violation and ensures your brand identity remains distinctive and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s critical for avoiding problems. A comprehensive search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Ensure your brand is unique
- Simplify 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 provides an official website where anyone can perform a trademark search. To search:
- Go to the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Choose the correct class
- Check for matches
This tool gives you visibility into both registered trademarks and pending applications, so you know where your brand stands.
What Are Trademark Classes?
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, a clothing label usually search under Class 25, while software tools often go under Class 9. Knowing your class is key to getting relevant results.
Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. trade mark search india A sound-based check finds names that are pronounced similarly, even if spelled differently.
This helps you spot trademarks that could lead to confusion, giving you better security before applying.
Where to Do Trademark Searches
The CGPDTM provides a free, official search tool. There are also external platforms that offer advanced features like:
- Smart filters
- Legal guidance
- Trademark risk reports
These tools make the process easier for startups and give confidence that your trademark is ready to file.
Searching for Non-Text Trade Marks
If your brand identity uses a logo, you must perform a visual mark check. Searching logos is more complex than wordmark searches, but the Registry portal supports visual filters and keyword tagging.
This ensures your symbol or logo doesn’t match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While anyone can search, a legal expert brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
After You Search: What’s Next?
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 review, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the first step in protecting your brand. It ensures your brand assets are unique, legally safe, 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.