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 process helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.

Doing a trademark search early in the branding process minimises the risk of legal violation and ensures your trademark identity remains distinctive and legally protected.

 

 

Importance of Doing a Trade Mark Search

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

- Avoid choosing already-used marks

- Save money from rejected applications

- Prevent future disputes

- Maintain exclusivity

- 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 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 accurate.

For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.

 

 

Different Types of Trademark Checks

When checking for trademark availability, perform both wordmark and phonetic searches. A wordmark search looks for check trade mark identical or similar 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.

 

 

Where to Do Trademark Searches

The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer advanced features like:

- Search filters

- Legal guidance

- Trademark risk reports

These tools make the process easier for small businesses and help ensure your trademark is clear to register.

 

 

Trademark Search for Logo and Device Marks

If your brand identity uses a logo, you’ll need to perform a visual mark check. 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 clarity to the process. Professionals:

- Understand classification systems

- Identify hidden risks

- Recommend changes

- Handle the registration process

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

 

 

After You Search: What’s Next?

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 examination, 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 brand assets are free to use, 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.