How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search involves checking existing registered or pending trademarks in the government-maintained database run by the Trade Marks Registry of India. This process helps determine whether your chosen trademark is available or if it overlaps 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 protected.
Why is Trade Mark Search Important?
Doing a trade mark search in advance of application is not just smart—it’s critical for ensuring success. A thorough search lets you:
- Steer clear of already-used marks
- Reduce costs from rejected applications
- Prevent future disputes
- Maintain exclusivity
- Simplify the registration process
Without proper checking, your trademark application might be opposed, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official platform where anyone can run a trademark search. To search:
- Access the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Select the correct class
- Browse the list
This platform gives you visibility into both registered trademarks and filed requests, so you can check availability.
Understanding 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, apparel brands usually fall under Class 25, while tech products often trademark search go under Class 9. Understanding this system is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
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 are pronounced similarly, even if spelled differently.
This helps you spot trademarks that could lead to confusion, giving you better security before applying.
Tools for Trademark Search in India
The CGPDTM provides a free, official search tool. There are also third-party platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for startups and help ensure your trademark is ready to file.
Searching for Non-Text Trade Marks
If your brand identity uses a logo, you’ll need to perform a device mark search. 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 match another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a legal expert brings depth to the process. Professionals:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- Handle the registration process
For serious businesses, professional support adds strategy and peace of mind.
Post-Search Steps: Filing Your Trademark
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, journal listing, and if no objections arise, your mark is granted.
Secure Your Brand with Smart Trade Mark Checks
A proper trademark search in India is the most important step in protecting your brand. It ensures your name, logo or slogan are free to use, legally safe, and fit for filing.
With simple search platforms and expert help, the process is now accessible. Begin with clarity—because a strong brand needs a strong foundation.