How to Check If a Trademark Is Already Registered In India?

Imagine that you have finalised a brand name after multiple discussions and brainstorming sessions. But during the examination stage or opposition stage you receive a notice that your proposed trademark is already registered by another company. It is a common situation in India. This is why it is important to check if a trademark is already registered in India before finalizing your brand name.  You can prevent such a situation with checking the trademark database before filling your trademark. Read the blog to know the process of checking whether a trademark is registered.

Why Should You Check if a Trademark is Registered?

There are many businesses who skip a trademark search because they assume that the idea about their logo or brand name is original. But the Indian market is massive. You also know that there are millions of names, logos, and taglines that already exist. When you skip the search, you will be at risk, because:

1. An Official Notice

A trademark owner can be sued for infringement if the new applicant start using a similar existing mark commercially. If your brand name or logo or other brand identities matches with any existing mark and you are using it commercially, they can demand damages or ask the court to ban your brand. Even if you did not copy them intentionally, the law will hold you only accountable.

2. Losing Your Brand Identity

Another thing is that if any business already owns a similar trademark to yours, you need to change yours at any cost. It can include your logos, packaging, domain names, and even your marketing materials. By doing a trademark search beforehand you can skip that.

3. Rejection of Your Trademark Application

Another thing that you can face objection of your trademark application mainly under Section 11. With doing a simple search beforehand you can skip that hassle.

4. Wasted Time and Money

As we all know that filing fees are non-refundable. So in case if your trademark gets rejected, you will lose both your filing fee and processing time. A trademark search is the simplest way to avoid all these problems.

Who Maintain Trademark Records in India?

Trademark records in India are maintained by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) under the Ministry of Commerce & Industry. However, the Indian Trademark Registry maintain an extensive online database that is free and open for everyone. The name of the official portal is IP India’s Trademark Public Search. You can use this portal to check if a trademark is already registered in India or not.

What You Will Require Before You Start Your Trademark Search?

You cannot just randomly do a good trademark search. You need to prepare everything beforehand in order to check if a trademark is registered in India. Here’s what you will require:

(a) Your Proposed Trademark

When your prepare ideas for your proposed trademark be it a word, a brand name, a logo, a slogan or a combination of these, have it clearly written or designed.

(b) The Class of Goods or Services

Trademarks are categorized into 45 classes based as per the Nice Classification system:

(i)Classes 1–34 cover goods

(ii)Classes 35–45 cover services

For example:

• Clothing falls under Class 25
• Food products is Class 30
• Education services falls under Class 41
• IT services belongs to Class 42

You need to know the class your trademark belongs to for a more focused trademark search.

(c) Variations of Your Trademark

There are many businesses who end up registering a similar looking or similar sounding brand names. In order to avoid that prepare a list of:

• Spelling variations
• Synonyms
• Phonetic equivalents

This will actually help in preventing the hidden conflicts in the future.

Process to Check if a Trademark is Registered in India

Step 1: Visit the Official Trademark Search Database

First visit the official IP India website and then go to the Trademark Public Search Tool.  This is the authentic database to check if a trademark is registered in India. After the page loads, you will come across three search options:

• Wordmark
• Phonetic
• Vienna Code

Each of the option available will help you search a different types of trademark.

Step 2: Select the Type of Search

Here we are describing how you can select the right search mode:

1. Wordmark Search

You as a business owner can use this when you intended to check:

• Names
• Words
• Slogans
• Alphanumeric marks

A wordmark search will display all the marks which contain the same word or similar words that your brand name has.

Example:
If your brand is “Fresh taste,” put exact name “Fresh taste”  in the wordmark search box.

2. Phonetic Search

Phonetic search helps a business owner find trademarks existing in the market that sound similar to them, even if they look different. This is extremely important because confusingly similar sounding marks are considered conflicting by the law.

Example:
For example if your brand name is “KwikMart,” the phonetic search may show:
KwikMart, QuickMart, QuikMart, KwikMartt for the results.

3. Vienna Code Search

You can use this search when you intend to check logos or figurative marks. In the case of Vienna Classification, numeric codes are assigned to graphic elements.

Example:

For instance, a logo that is star shaped may fall under a Vienna code like 01.01.01.

If you as a business owner is planning to register a logo, Vienna search will you ensure that no similar symbol exists.

Step 3: Enter the Trademark and the Class

After you have decided on your search type, you need to enter your proposed mark and the class number.

To get the best result, search for multiple classes. This will help you expand your brand later. Remember that one will only face rejection by the registry if the conflict is within the same or related classes, not all 45 classes.

Example:
If your brand name is “Fresh taste” , you can do your searches for both the classes:

• Packaged food (Class 30)
• Catering services (Class 43)

Step 4: Review the Search Results Properly

The search results page can display:

• All the existing trademarks
• The owners of trademarks
• The application numbers
• Their status
• Their validity dates

You need to pay attention to all these details.

1. Make sure to compare the Similarities

Ask yourself all these:

• Does the mark look similar to any existing mark?
• Does it sound similar to any existing mark?
• Does the meaning is similar with any existing mark?
• Does my trademark target the same industry or class as the existing one?

As per law they check if any quality of the mark is conflicting with any existing trademark or not, even if it is not exact duplication.

So even if your mark is not identical to any existing mark, it can still make problem for you even if it is closer enough.

2. Check the Status of Each Trademark

The status will tell you whether your proposed trademark is:

• Registered
• Abandoned
• Opposed
• Refused
• Withdrawn
• Under examination
• Advertised

We will advise you to avoid:

• Registered marks
• Advertised marks
• Marks under opposition

3. Open Each Detailed Record

If you find any similar looking mark, make sure to check their trademark application number.

Inside the detailed record, you will get all these details:

• Proprietor name
• Date of filing
• Class
• Description of goods/services
• Wordmark or logo image
• Legal status
• Hearing details

This will help you to form an idea that whether your mark can survive or whether it will conflict with any existing mark.

Step 5: Evaluate Whether Your Trademark Is Safe

Now the final step where you need to evaluate yourself that whether your proposed mark can conflict with any existing mark.

Ask yourself:

• Does my mark conflict with any kind of registered or advertised mark existing in the market?
• Is my mark too similar to any existing mark?
• Will the Trademark Registry reject my mark for being confusing?

Follow these steps to check if a trademark is already registered in India.

What to Do if You Find a Conflicting Trademark?

If while conducting your trademark search before your trademark registration, you find any conflicting mark, then you can follow these below given steps:

1. 1. Modify Your Trademark

If such a situation arises, you can make small changes in your mark Remember making a small change can create a huge difference.

For example, you can change the spelling or add a new word or create a unique prefix or you can also add your founder initials. In rare cases you may need to change the tagline.

1. 2. Choose a New Name

If the conflict is strong, there you can change the name completely and make a fresh start.

1. 3. File Your Trademark with a Disclaimer

Adding a disclaimer to your trademark means you are not claiming exclusivity over a part of your mark.

Example:

For instance, if your brand name is “New Flora Organics”, you may require a disclaimer for the word “Organics.”

1. 4. Consult a Trademark Attorney

In case if you are confused, you can take the help of an expert who will help you to analyse risks or suggest alternate brand names or can perform deeper searches on behalf of you.

Conclusion

Your brand is your identity. It tells the mission and vision of your business. Therefore, protecting it starts with one simple step: checking if the trademark is already registered in India. Therefore, performing a thorough trademark search in India is very much essential to proceed with your branding and business plans. With the help of the official Indian Trademark Public Search Portal on the Controller General of Patents, Designs and Trademarks (CGPDTM) Website, you will get a clear idea of existing regulations. So take time to search and protect the future of your brand. If you require any information regarding this, you can visit the official website of Online Legal India.

FAQ

1. 1. What is a Trademark Search?

If you want to check if a trademark is already registered in India, you can opt for the trademark search. This search will help you know if a desired trademark is already applied by someone else or not.

1. 2. What are the Different Types of Trademark Searches Available?

There are three types of searches available on the IP India Website: Wordmark Search that check word or text of the trademark, Vienna Code Search which is based on graphical elements or symbol and Phonetic Search which is done depending on the phonetic similarity of the trademark.

1. 3. What Information will the trademark search result display?

A proper trademark search result will show a list of registered, objected or abandoned trademarks that are almost similar to any searched mark. You will get details like application number, date, proprietor name, trademark type and trademark class.

1. 4. Can I register my same Trademark for multiple classes?

Yes, you can register your same trademark for multiple classes. But you will require to file separate applications for that and have to pay fees for each class which you want to register your trademark under.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.