How to Conduct a Trademark Search in India: Simple and Effective Steps
Trademark Search Basics – What You Need to Know
A trademark search means reviewing existing applied or approved trademarks in the official database maintained by the Trade Marks Registry of India. This process helps determine whether your desired trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search before the branding process reduces the risk of legal violation 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 avoiding problems. A comprehensive search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Prevent future disputes
- Ensure your brand is unique
- Streamline the registration process
Without careful checking, your trademark application might be rejected, 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
- Choose the correct class
- View results
This platform gives you visibility into both registered trademarks and filed requests, so you can check availability.
Understanding 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 focused.
For example, a clothing label 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, do both wordmark and phonetic searches. A literal match check looks for identical or similar spellings. A sound-based check finds names that sound alike, even if spelled in a different way.
This ensures you catch trademarks that could cause conflicts, giving you better security before applying.
Tools for Trademark Search in India
The CGPDTM provides a free, government search tool. There are also external platforms that offer extra check trade mark features like:
- Search filters
- Expert analysis
- Trademark risk reports
These tools make the process easier for startups and help ensure your trademark is clear to register.
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 image-based filters and keyword tagging.
This ensures your design or icon doesn’t infringe on another registered design, keeping your brand safe.
Why Hire a Trademark Consultant?
While anyone can search, a trademark attorney brings depth to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
From Search to Registration: Next Steps
Once your search confirms the mark is available, you can file your trademark. This includes:
- Preparing documents
- Choosing categories
- Paying government fees
The process then enters review, journal listing, and if no objections arise, your mark is granted.
Conclusion
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are free to use, 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.