How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search means reviewing existing applied or approved trademarks in the official database hosted by the Trade Marks Registry of India. This process helps identify whether your desired trademark is free to use or if it conflicts with any existing mark.
Doing a trademark search at the beginning of the branding process reduces the risk of infringement and ensures your brand identity remains unique and legally secured.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s essential for ensuring success. A thorough search lets you:
- Avoid choosing already-used marks
- Save money from rejected applications
- Prevent future disputes
- Maintain exclusivity
- Simplify the registration process
Without adequate checking, your trademark application might be denied, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry offers an official portal where anyone can do a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Enter your keyword
- Choose the correct class
- Check for matches
This platform gives you visibility into both registered trademarks and pending applications, so you can check availability.
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. Selecting the right class ensures your search is public search of trade marks accurate.
For example, apparel brands usually search under Class 25, while tech products often go under Class 9. Knowing your class is key to getting relevant results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, run 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 differently.
This ensures 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 external platforms that offer advanced 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.
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 government system 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:
- Know trademark law deeply
- Spot potential conflicts
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
Post-Search Steps: Filing Your Trademark
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 review, publication, and if no objections arise, your mark is officially registered.
Conclusion
A thorough trademark search in India is the first step in securing your identity. It ensures your brand assets are free to use, legally safe, 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.