Step-by-Step Guide to Conduct a Trademark Search in India


With so many business ideas coming to life on a daily basis, it is only a possibility that someone might have a similar name, symbol, or color scheme to yours. To avoid this issue, one of the most important aspects before officiating your business is conducting a trademark search. In this blog, we will understand what a trademark search is and a step by step guide on how to conduct a search by yourself. 

What Does Trademark Search Mean? 

A trademark search is like a detective mission. With this, you try to find out if someone else is already using the name, logo, or slogan you want to use. If they are, you might not be able to use it legally. Doing this search early can save you from future headaches. 

How To Conduct Trademark Search? 

Below we will understand how to conduct trademark search in a step by step manner. So, let’s begin! 

Step 1: Visit the Official IP India Portal 

The first place to go is the IP India Trademark Public Search Portal. This website is the official place to look up trademarks registered in India. 

Step 2: Choose the Right Search Option 

Once you're on the website, you will see different search options. The main ones are: 

  • Wordmark Search: Use this if you're checking a name or slogan. 

  • Phonetic Search: This helps if you're worried about names that sound similar. 

  • Design Search: Use this if you're checking a logo or graphic. 

For a thorough check, it's a good idea to use all these options. 

Step 3: Enter Your Search Details 

Now, you'll need to fill in some information such as: 

  • Trademark Name: Type the name or slogan you're thinking of. 

  • Class Number: Trademarks are divided into 45 classes based on what they represent (like food, clothing, technology, etc.). You need to know which class your brand fits into. If you're unsure, you can check the Manual of Trade Marks Practice and Procedure for guidance. 

  • Applicant Name: If you want to see trademarks registered by a specific person or company, you can enter their name here. 

You can also use wildcards like * to broaden your search if you're not sure about the exact spelling. 

Step 4: Analyse the Search Results 

After you hit "Search," you'll see a list of trademarks that match your criteria. For each result, look at: 

  • Trademark Name: Does it look similar to what you want? 

  • Status: Is it registered, applied for, or abandoned? 

  • Applicant Details: Who owns this trademark? 

  • Class Number: Is it in the same class as your brand? 

If you find something too similar, it might be best to choose a different name or logo. 

 Step 5: Check for Well-Known Trademarks 

Some trademarks are considered "well-known," meaning they're famous and protected even if they're not registered in the same class. To avoid legal issues, make sure your brand doesn't resemble any well-known trademarks. You can find a list of these on the IP India website. 

Step 6: Understand the Manual of Trade Marks Practice and Procedure 

For a deeper understanding of how trademarks are classified and examined, refer to the Manual of Trade Marks Practice and Procedure. This guide explains: 

  • Classification of Goods and Services: Helps you identify the correct class for your trademark. 

  • Examination Process: Understands the steps involved in the examination of a trademark application. 

  • Opposition Procedures: Learn about the process if someone opposes your trademark application. 

When to Seek Advice from Legal Services in India? 

If you're unsure about the search results or need help with the trademark process, it's a good idea to consult with legal services in India, specialising in intellectual property. These services can assist in: 

  • Trademark Search and Analysis: Providing a detailed opinion on the search results. 

  • Trademark Filing: Assisting in the preparation and submission of your trademark application. 

  • Legal Representation: Representing you in case of opposition or infringement issues. 

Conclusion 

Conducting a thorough trademark search is an important step in protecting your brand identity. By following the steps outlined above and seeking professional legal services in India when necessary, you can ensure that your trademark stands strong and unique in the marketplace. 

Remember, a proactive approach today can save you from potential legal challenges tomorrow. 

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