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 maintained by the Trade Marks Registry of India. This process helps identify whether your chosen trademark is available or if it conflicts with any existing mark.
Conducting a trademark search at the beginning of the branding process reduces the risk of legal violation and ensures your brand identity remains unique and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s essential 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
- Speed up the registration process
Without proper checking, your trademark application might be denied, 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
- Open the public search section
- Enter your keyword
- Choose the correct class
- View results
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
Understanding Trademark Classes
Each trademark belongs to a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Choosing the correct public search of trade marks class ensures your search is relevant.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting precise results.
Different Types of Trademark Checks
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 helps you spot trademarks that could cause conflicts, giving you better peace of mind before applying.
Tools for Trademark Search in India
The Indian IP Office provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Smart filters
- Expert analysis
- Trademark risk reports
These tools simplify trademark checking for new brands and help ensure your trademark is ready to file.
How to Check Logo Trademarks
If your trademark includes a logo, you must perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports visual filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
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.
Final Thoughts on Trademark Search
A proper trademark search in India is the first step in securing your identity. It ensures your name, logo or slogan are free to use, 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.