How to Do a Trademark Search India?

A trademark is a unique symbol. This identifies products or services of a specific brand. So, keeping a brand secure starts with a valuable Trademark Search India. A trademark search can be done from the official IP India portal. In this process, you can find trademarks that are already used in the market. A proper search helps to avoid similarities and application rejections. In this blog, you will get guidance on trademark search with the proper steps, purpose and more.

What is a Trademark Search in India?

A trademark search is the process to search for a used trademark in the marketplace. This means it is a process of checking whether a brand name or logo is already registered or used by someone else. A proper search guarantees that the brand identity is unique and safe. In other words, we can say that it is a pre-filing process before the trademark registration. You must do a Trademark Search India to confirm that your chosen name or logo is unique from others. Thus, this step is crucial for businesses to build a brand.

What is the purpose of a Trademark Search?

The purpose of a trademark search is to do a thorough search of your brand name, logo, and other identifiers. It helps to guarantee that your chosen brand name is different from others and ready to use. This prevents costly legal issues, infringement, and other issues related to application. It secures your brand identity, saves time, and increases the chances of registration.

Considerations to Conduct a Trademark Search Availability

There are various factors to consider while conducting a trademark check for brand name availability:

Legal Jurisdiction

Confirm that you are searching for your trademark within the right jurisdiction. In India, it is governed by the Indian Trademark Registry.

Type of Trademark

You must identify the type of trademark that you are searching for. It might be a word mark, symbol mark, design mark, or some other form of identifier. So, identifying the type is important before doing a search.

Distinguish Between Goods and Services

It is important to classify between goods and services while doing a trademark search. While some trademarks relate to specific goods (for example-‘Jaguar’ relating to cars). In contrast, some are suitable for services (For example "Infosys" for Technology and digital services). Although it might be more hard doing a search related to service-based goods. So, it is important to do a search and make an application if necessary.

Required Information for Application

You should provide all the necessary information at the time of applying for trademark registration. The basics include the applicant’s full name and address and date of application, Trademark (word/logo), Class of goods/services, Description of goods/services, User claim (proposed to be used / already in use), Power of Attorney (if filed through an agent).

How to Do a Trademark Search India?

Here is the step-by-step process to do a Trademark Search India:

Step 1: Visit the IP India website

You should go to the official IP India portal. This is a government portal for trademarks. It is managed by the Controller General of Patents, Designs and Trade Marks (CGPDTM).

Step 2: Find the Trademark Search Option

On the homepage, you must click on the "Trademarks" option. Next, search for a “Public Search of Trademark” section. Here, you can check for existing trademarks and for free.

Step 3: Choose the Search Type

In India, there are 45 classes in the trademark section on the types of goods or services they represent. You must select the correct class according to your business needs. You can search by:

a) Wordmark: you can search it with your brand name or slogan.

b) Phonetic: It must be search by sound (how the name sounds)

c) Vienna Code: It allows you to search by logo or design categories.

Step 4: Enter Your Trademark Details

You must enter the brand name, design or slogan which you want to find or check. In the case of logos, you should search using the relevant Vienna Codes for your design category. You have the option to use filters to refine your search based on the status of the trademark. For example: pending, registered, or abandoned.

Step 5: Review the Search Results

When you put in the trademark details, the system gives you a list of similar or identical trademarks. Go through the results to check if an existing trademark is different from your brand name. If you finds a similar mark, you may have to consider a new name or logo.

Step 6: Check Trademark Status

You must check the details like owner’s name, registration status, and class of goods or services for each result. This shows you if the trademark is still valid or expired.

Step 7: Repeat the Search

You can try several spellings, variations, or similar sounding names. This will help you to avoid the conflicts and delays.

Step 8: Consult a Trademark Expert (Optional but Recommended)

You can talk to a trademark lawyer or expert to avoid errors with search results or official issues.

Benefits of Doing a Trademark Search India

Listed below are the key benefits of doing a Trademark Search India:

a) A proper search allows you to find existing trademarks to avoid legal problems

b) It confirms that your chosen trademark can be registered without any delay.

c) A Trademark search India helps to build customer trust and makes brand stand out.

d) You will get the opportunities for business growth and partnerships.

e) This prevents the risks of trademark application rejection

f) After successful registration, you get exclusive rights to prevent others from using a similar mark.

Conclusion

Thus, you should conduct a Trademark Search India to keep your brand safe and build customer trust. It can be a crucial step before applying for trademark registration. A proper trademark search avoids legal issues and build a strong brand identity. If you have any queries, get in touch with Online Legal India.

FAQ

Q1. Is a Trademark Search India mandatory before registration?

No, a Trademark Search India is not mandatory before registration. It is a best practice to avoid disputes, saves time and non-refundable government fees. This helps to increase the chances of successful trademark registration.

Q2. Where can I do a Trademark search India?

You can do a trademark search India from the official IP India portal.

Q3. What is the difference between a Wordmark and a Phonetic search?

A Wordmark search identifies exact or similar spellings of a name. In contrast, a Phonetic search identifies the mark with the sound (How the mark sounds).

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.