In today’s highly competitive marketplace, a trademark is one of the most valuable assets a business can own. It represents your brand, distinguishes your products or services from others, and builds customer trust. However, before filing a trademark application, it is crucial to perform a trademark search online. This step can save you from potential legal troubles, delays, or rejections.
This article covers everything you need to know about conducting a trademark search online in India – its importance, procedure, benefits, and professional tips to ensure success in trademark registration.
What is a Trademark?
A trademark is a recognizable sign, word, logo, design, or combination thereof, used by an individual or business to identify and distinguish its products or services from competitors. In India, trademarks are registered under the Trade Marks Act, 1999, and once registered, they give the owner exclusive rights over the use of the mark in connection with the goods/services for which it is registered.
What is a Trademark Search Online?
A trademark search online refers to the process of checking the availability of a proposed trademark through the public trademark database provided by the Government of India. This online search helps identify existing trademarks that may be similar or identical to your proposed mark.
It allows business owners, entrepreneurs, and legal professionals to make informed decisions before proceeding with a trademark registration.
Why is Trademark Search Online Important?
- Avoid Trademark Infringement
A trademark search helps identify trademarks that are already registered or pending. Filing a similar trademark without checking can result in legal disputes or lawsuits. - Minimize Chances of Rejection
The Trademark Registry may reject your application if a similar trademark already exists. Conducting a search helps you avoid such rejections. - Save Time and Money
Filing a trademark that is already taken can waste government fees, legal expenses, and your time. A trademark search prevents unnecessary costs. - Gain Legal Clarity
A search gives you an idea about how unique your mark is and whether you should move forward with it or revise it. - Understand Market Competition
It helps businesses identify competitors and understand how trademarks are being used in the market.
Types of Trademark Searches Online
There are several types of searches that can be performed through the Indian Trademark Public Search Portal:
- Wordmark Search
Used for checking brand names, business names, product names, or slogans. - Phonetic Search
Used to check if there are existing trademarks that sound similar to your proposed mark, even if spelled differently. - Vienna Code Search
Relevant for logo or image-based trademarks. It helps search figurative marks using Vienna Classification codes. - Applicant Name Search
This allows you to check the trademarks filed under a specific person or company’s name. - Class-wise Search
Trademarks are categorized into different classes based on the nature of goods or services (NICE Classification). You can search trademarks within a specific class.
How to Perform a Trademark Search Online in India?
Here is a step-by-step guide to conducting a trademark search online:
- Visit the Official Trademark Search Portal
Go to the IP India website at https://ipindia.gov.in - Click on ‘Public Search’
Navigate to the ‘Trademarks’ tab, then click on ‘Public Search’ under the “Related Links” section. - Enter Your Details
- Select Search Type: Wordmark, Phonetic, or Vienna code.
- Class: Choose the class applicable to your business. India follows NICE Classification (Classes 1–45).
- Search Term: Enter your proposed trademark or business name.
- Analyze the Results
The system will display all existing trademarks (registered, objected, or pending) that are similar to your search. Check each record for similarities in spelling, phonetics, or meaning.
Understanding Trademark Classes
Before starting your trademark search online, you must identify the correct trademark class. Trademarks are divided into 45 classes, based on the nature of goods or services:
- Classes 1 to 34: Products
- Classes 35 to 45: Services
For example:
- Class 9: Software, electronics
- Class 25: Apparel and clothing
- Class 35: Business management, marketing, advertising
Searching in the wrong class will not show relevant results and can lead to registration under a conflicting mark.
Limitations of Free Online Trademark Search
While the IP India public search tool is helpful and free to use, it has limitations:
- It may not detect similar-sounding marks that are spelled differently.
- It doesn’t provide legal interpretation or conflict risk analysis.
- It lacks advanced search filters used by legal experts.
- It can be confusing for someone unfamiliar with the classification system.
Professional Trademark Search Services
To overcome the limitations of the public tool, you can hire professionals like Corpmate to perform a detailed trademark search. Our services include:
- Advanced search reports using paid databases and tools
- Phonetic and visual similarity analysis
- Legal advice on the registrability of your mark
- Conflict risk assessment and suggestions for alternative names
- Filing assistance with objections and replies
Using expert help is especially valuable if your brand is important to your long-term strategy or if you’re investing heavily in marketing.
What to Do After a Trademark Search?
Once your trademark search online confirms that your proposed mark is not already taken or similar to existing marks, you can proceed with trademark registration.
Steps involved in registration:
- Filing the application (Form TM-A)
- Examination by Trademark Office
- Replying to objections, if any
- Publication in Trademark Journal
- Opposition period (if any third party raises an objection)
- Final registration
Common Mistakes to Avoid During Online Trademark Search
- Skipping the Search
Filing without checking availability may result in objections and rejections. - Ignoring Phonetic Variations
Marks that sound alike may also be considered similar. - Selecting the Wrong Class
This can lead to incomplete or inaccurate search results. - Using Overly Generic Words
Common words are difficult to register and often already in use. - Relying Only on the Government Portal
It is better to use professional services for a detailed risk analysis.
Conclusion
A trademark search online is the most crucial first step before applying for trademark registration. It helps you avoid duplication, ensures legal safety, and protects your brand from future conflicts. Though free tools are available, a professional and comprehensive search conducted by experts like Corpmate provides greater accuracy and legal clarity.
If you are planning to launch a new product, business, or rebrand an existing one, make sure to begin with a trademark search online. It is a small step that can save you from big problems.
Need Help with Trademark Search or Registration?
At Corpmate, we specialize in trademark registration, legal search reports, brand protection, and compliance services for businesses across India. Contact us today to get your trademark registered with complete confidence.customized solutions to safeguard your brand. Reach out to Corpmate today and get your trademark registered with confidence and convenience.