How To Search For Trademark In India | A Complete Guide

The Importance of Trademark Search

Before we dive into the topic of trademark registration, let us know what a trademark means. According to the trademark act 1999, a trademark is a distinguishable feature for any product and service that a vendor provides. It helps in distinguishing the vendor’s service and product to that of the others. A trademark is a significant part of a business which defines the structure of the whole market. Without a trademark (TM) and registration, a business cannot register itself as a legal recognition.

It takes a lot of time, money, resource, and a whole establishment to launch a business. So when you are launching a business, a trademark is a major need. In most of the instances, trademark searching is a basic step with a number of options and types.

First, after launching a business, an available trademark is looked upon. Then the trademark is registered with the help of a brand launch strategy.

Legal issues raised by the opposition party

The trademark registration under the trademark act 1999, can be a lengthy process. When an opposition party raises a legal issue with the trademark, it takes time to register trademark In India.

If the opposition party takes any legal case after the registry done, it can cause a lot of inconveniences too. For instance, the production process and the regulation of the company may face a permanent halt. Therefore, searching for the right trademark is important to run a firm.

How to check if your chosen trademark (TM) is free?

For a trademark public search, you have to make sure that the chosen name is free or not.

Search engines are an effective tool through which you can check if the name is free or not. There is a whole disadvantage when it comes to online searches for looking into registered trademarks. Trademarks finalized by the company but not launched in the marketplace aren’t shown.

Only a detailed trademark availability is always shown. With the help of the result, you can check to see your availability.

There are various categories under which the trademark searches fall.

1. Identical searches: It helps in identifying the marks which are visible or phonetically identical.
2. Similar searches: identifies all the searches which are completely identical.
3. Searches with opinion: It helps in looking for trademarks but there is a recommendation from the attorney. Based on their consideration, the whole mark identifies.


What are the limitations of trademark searches?

Always keep in mind that when you are searching for a trademark online, the complete result will never be foolproof. Coming to the conclusion, the search always remains insufficient. It depends on the goods, services, and the allowance of the vendors.

Finding the right source

There are a variety and different types of trademark. And certainly, you need to find something which is suitable for your company.

Many vendors put off a lot of data. And as a result, a lot of data seems unmanageable or useless to them. To make sure that the searches are complete, everyone should search with a piece of advice.

It can provide brand owners with the type of insight while they are searching for a basic trademark. With following and practising the correct advice, brand owners can search for their TM. This in result, makes decision making becomes more active. The main reason why a legal opinion matters in every single respect.