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 legal violation and ensures your trademark identity remains distinctive and legally secured.

 

 

Importance of Doing a Trade Mark Search

Doing a trade mark search prior to filing is not just wise—it’s crucial for protecting your brand. A thorough search lets you:

- Prevent selecting already-used marks

- Save money from rejected applications

- Prevent future disputes

- Preserve distinctiveness

- Streamline the registration process

Without careful checking, your trademark application might be opposed, wasting time and resources.

 

 

Where and How to Search for Trade Marks 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 approved marks and filed requests, so you know where your brand stands.

 

 

Why Trademark Classification Matters

Each trademark is grouped into a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Identifying the proper class ensures your search is focused.

For example, apparel brands usually search under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise 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 phonetic search finds names that sound alike, even if spelled in a different way.

This ensures you catch trademarks that could pose legal issues, giving you better peace of mind before applying.

 

 

Resources and Platforms for Trade Mark Checks

The Indian IP Office provides a free, government search tool. There are also private platforms that offer extra features like:

- Smart filters

- Expert analysis

- Trademark risk reports

These tools simplify trademark check trade mark checking for new brands and help ensure your trademark is ready to file.

 

 

Searching for Non-Text Trade Marks

If your trademark includes a logo, you must perform a visual mark check. 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 infringe on another registered design, avoiding legal issues.

 

 

Why Hire a Trademark Consultant?

While anyone can search, a legal expert brings depth to the process. Professionals:

- Know trademark law deeply

- Spot potential conflicts

- Suggest alternatives

- Support filing and follow-up

For serious businesses, professional support adds accuracy and peace of mind.

 

 

Post-Search Steps: Filing Your Trademark

Once your search confirms the mark is available, you can start the application process. This includes:

- Filling forms

- Choosing categories

- Paying government fees

The process then enters review, publication, and if no objections arise, your mark is officially registered.

 

 

Conclusion

An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are unique, legally safe, and fit for filing.

With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation.