How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This procedure helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search early in the branding process minimises the risk of infringement and ensures your trademark identity remains distinctive and legally secured.
Why is Trade Mark Search Important?
Doing a trade mark search prior to filing is not just smart—it’s essential for ensuring success. A careful search lets you:
- Steer clear of already-used marks
- Save money from rejected applications
- Avoid legal fights
- Maintain exclusivity
- 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
- Open the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
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 class ensures your search is relevant.
For example, apparel brands usually search 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, perform both wordmark and phonetic searches. A wordmark search looks for identical or similar spellings. A sound-based check finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch 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 extra features like:
- Search filters
- Legal guidance
- Detailed reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your brand identity uses a logo, you must perform a device mark search. Searching logos is more complex than wordmark searches, but the government system supports image-based 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 individuals can check trademarks, a trademark attorney 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 clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters examination, 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 securing your identity. It ensures your name, logo or slogan are unique, protected by trademark in india search 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.