How to Conduct a Trademark Search: A Comprehensive Guide

If you are planning to launch a brand, product, or business, you need to have a unique trademark. For this reason, a trademark search is necessary to check whether someone else has already registered the same mark to avoid trademark infringement. This blog will give you a detailed guide on trademark search and tips to make the trademark application smooth.

What is a Trademark Search?

A trademark search is the process of checking if a brand name, logo, slogan, or symbol is already registered or used by someone else. It helps you make sure your brand identity is unique and safe to use. Doing this before registering your trademark can save you from legal problems and future business losses. It also gives you confidence that your chosen name or logo is original and not already owned by another business. This step is very important for startups, small businesses, and anyone planning to build a brand.

Why is Trademark Search Important?

Doing a trademark search before you register your brand name, logo, or slogan is one of the smartest steps for any business. Let us discuss the importance of trademark search:

• Avoid Legal Trouble

If you start using a brand name or logo that’s already registered by someone else, they can take legal action against you. This may lead to trademark infringement cases, business loss, or rebranding. A proper trademark search helps avoid such risks.

• Saves Time and Money

Imagine printing packaging, creating a website, and promoting your brand, only to later find out the name is already taken. You will have to change everything, which can be costly and time-consuming. A simple search in the beginning avoids this headache.

• Increases Chances of Approval

The Indian Trade Marks Registry may reject your application if your proposed trademark is already in use or too similar to an existing one. A trademark search reduces the chances of rejection and makes the registration process smoother.

• Helps Create a Unique Brand Identity

Your brand name and logo help people recognise and remember you. A search ensures you are choosing something unique that sets you apart from competitors, instead of confusing customers with a similar-looking or sounding name.

• Gives Legal Protection

Once your trademark is registered, it becomes legally yours. But to reach that stage, your trademark must be available. A search confirms this and clears the path for official protection under the Trade Marks Act, 1999.

• Builds Business Confidence

Knowing that your brand name or logo is truly yours helps you confidently market your product or service without worrying about disputes in the future.

How to Do a Trademark Search in India?

Before registering your brand name or logo as a trademark in India, it is important to do a trademark search. The following details include how to do a trademark search in India:

Step 1: Visit the Official Trademark Website

Go to the official Indian government website for trademarks, maintained by the Controller General of Patents, Designs and Trade Marks (CGPDTM).

Step 2: Find the Trademark Search Option

On the homepage, look for the “Public Search of Trademark” section. This tool allows you to check existing trademarks easily and for free.

Step 3: Choose the Search Type

You can search by:

• Wordmark: Search by brand name or slogan.
• Phonetic: Search by sound (how the name sounds).
• Vienna Code: Search by logo or design categories.
• Combination: Search both the word and logo together.

For most beginners, the Wordmark search is the best start.

Step 4: Choose the Right Trademark Class

Trademarks are categorized into different classes based on the goods or services you provide. Make sure to pick the correct class or classes when you apply, as this affects your protection scope.

Step 5: Enter Your Trademark Details

Type the brand name, design or slogan you want to check. For logos, upload a clear image or use Vienna codes if you know the category of your design.

Step 6: Review the Search Results

The system will show a list of similar or identical trademarks. Check carefully if any existing trademarks are too close to your brand name or design. If there’s a match, it means you should consider a new name or logo.

Step 7: Check Trademark Status

For each result, you can see details like the owner’s name, registration status, and class of goods/services. This helps you understand if the trademark is active or expired.

Step 8: Repeat the Search

Try different spellings, variations, or similar-sounding names to be thorough. This reduces the risk of conflicts later.

Step 9: Consult a Trademark Expert (Optional but Recommended)

If you are unsure about the search results or legal aspects, consulting a trademark lawyer or professional can save you from costly mistakes.

What to Do After Trademark Search?

After you finish searching for your trademark, it is important to take the right actions to protect your brand and avoid future issues. Here is what you should do next, even before you think about applying for registration:

• Understand Your Search Results: Look carefully at all the trademarks that came up in your search. Notice if there are any names, logos, or slogans very close to yours. This helps you understand the risk of confusion or legal issues.
• Evaluate Your Brand’s Uniqueness: If your trademark looks or sounds similar to existing ones, think about how unique your brand is. You might want to make small changes to your name, logo, or tagline to stand out more.
• Keep a Record of Your Search: Save screenshots or download the search results from the official trademark website. This record can help you if you face questions later or want to show that you did your homework.
• Monitor the Trademark Database Regularly: Even if you don’t apply right away, keep checking the trademark database regularly. New trademarks get registered all the time, and it is good to know if someone registers a similar brand.
• Start Using Your Brand Consistently: Use your chosen brand name, logo, and slogan in your business materials, website, and marketing. Consistent use helps build your brand reputation and shows real ownership, which can be helpful later.
• Consult a Trademark Expert for Advice: If you are unsure about the search results or the uniqueness of your brand, speak to a trademark lawyer or professional. They can guide you on how strong your trademark is and suggest next steps.

The Process of Trademark Registration in India

After you are done with the trademark search and have chosen the right class, the next step is to register your trademark. The details below include the process of trademark registration in India:

Step 1: Prepare and File the Trademark Application (TM-A Form)

Once your name/logo is ready and your class is selected, fill out Form TM-A. This can be done online through the official website or by physically submitting to a trademark office. The details required are mentioned as follows:

• Applicant's name
• Address
• Brand name/logo
• Trademark class
• Description of goods/services

Here are the documents required for trademark registration:

• Identify proof (Aadhaar card, PAN)
• Address proof (passport, utility bill)
• Business registration proof if applying as a company or startup

The government fee for individuals, startups, or small enterprises is Rs. 4,500 if submitted online and Rs. 5,000 if done physically, per class and per trademark. For larger entities, the fee is Rs. 9,000 online or Rs. 10,000 offline per class and mark. Once you apply online, you will instantly receive an acknowledgement slip with a reference number, which you can use to track the status of your trademark application.

Step 2: Examination by the Trademark Office

After applying, the Trademark Office checks your application for any errors or conflicts. They review whether your mark is unique, if it follows trademark laws, or if it is too similar to an existing mark. If there are issues, you will receive an Examination Report, and if objections are raised, you must respond within 30 days with a valid explanation.

Step 3: Trademark Publication in Journal

Once the trademark is approved, it is then published in the Trademark Journal for public review and objections. Anyone who believes it is too similar to theirs can file an opposition within 4 months.

Step 4: Opposition proceedings (if applicable)

If no one objects, your trademark moves forward. If there’s opposition, the registrar will send a notice to inform you about it. You need to respond with a counterstatement within two months of receiving the notice. If you fail to do so, the application will be considered abandoned.

Step 5: Hearing on Opposition (if applicable)

After you file a counterstatement in response to a trademark opposition, a hearing is held where both sides can present evidence. The Registrar reviews everything and gives both parties a fair chance to speak. If the decision favours the applicant, the trademark moves ahead for registration.

Step 6: Trademark Registration Certificate

If no opposition is raised or if you win the opposition hearing, your trademark gets registered and you receive the Registration Certificate. Your trademark is valid for 10 years from the date of application. It can be renewed every 10 years by filing a renewal request.

Tips for Better Trademark Search

A careful search helps you avoid problems later and protects your business. Here are some simple and useful tips to do a better trademark search in India:

1. Use the Official Trademark Search Website

Always start your search on the official portal of IP India. It has the most accurate and updated database of trademarks registered in India.

2. Search Variations of Your Brand Name

Don’t just search your exact brand name. Try different spellings, abbreviations, and even similar-sounding words. For example, if your brand name is “BlueSky,” also search “Bluesky,” “Blue Sky,” and “Blu Sky.”

3. Search Across Different Classes

Trademarks are registered under different classes based on the type of goods or services. Make sure you check not only your business category but also related ones where someone might have a similar trademark.

4. Look for Similar Logos and Designs

If your brand includes a logo, search for similar logos using the Vienna Code search option on the official website. Sometimes logos can be very similar, even if the brand names differ.

5. Check the Status of Existing Trademarks

Look carefully if the trademarks you find are active or expired. Sometimes expired trademarks might be available to use or register again.

6. Take Note of Trademark Owners and Locations

If a similar trademark exists, check who owns it and where they operate. This helps you understand if there might be a conflict or if the trademark is limited to a different region.

7. Keep Your Search Simple but Thorough

Use simple keywords, but try to cover all possible combinations. Don’t rely only on automated results; manually check the results carefully.

8. Repeat the Search Before Submitting

Trademark databases get updated. If you are planning to register later, do another search before applying to make sure no new conflicts have appeared.

A unique trademark is your brand’s first protection—start with a trademark search to be sure. It helps you avoid legal issues with similar trademarks and builds a strong, unique identity. Taking a few smart steps today can save your business from future risks. Always search before you register, as it is not only a wise decision but also a requirement. In this article, you have learned about trademark search and some effective tips for a smooth process. Contact Online Legal India to get assistance and support in filing a trademark application from professional experts.