Building a brand identity is one of the most essential steps for any aspiring entrepreneur or company. However, before you get started with logo design, brand marketing, packaging, etc., you need to check if your brand name is already trademarked. Trademarks ensure legal ownership and brand protection in India. Neglecting a trademark search can result in infringement disputes, fines, and even mandatory rebranding.” How to check if your brand has been trademarked in India? The complete guide to checking on the official Indian Trademark Search Portal, crucial legal tips and FAQs.
An Introduction to Trademark Law in India
Trademark registration in India is regulated by the Trademarks Act, 1999. Allowing people and companies to register a unique name, logo, symbol, phrase, or a combination thereof, identifying or distinguishing goods or services. After registration, a trademark grants an owner exclusive use of the mark concerning the goods or services listed. Trademarks are one of the small elements considered valuable intellectual property for your business that assist in building trust, consumer loyalty and provide legal protection of your brand.
Why You Should Check For Trademark Availability?
There are legal repercussions, so it is a preventative measure to check if a brand already has a trademark. A brand name that is already registered can lead to infringement lawsuits, loss of brand reputation, and financial penalties. A trademark search allows you to check if your preferred brand name or logo is not already being used. This barrier to passing your trademark registration can also lead to a rejection of your own trademark application.
Where to Check: The Official Indian Trademark Search Portal
India’s Trademark Status Checker is the official online portal for checking trademark status in India, which is maintained by the Office of the Controller General of Patents, Designs and Trade Marks. The website is accessible at:
https://tmrsearch.ipindia.gov.in
Here is the only government-issued database where we can perform a free public trademark lookup for commercial names, including your logos or symbols, that got registered under the Indian Trademark Registry. The latest database includes records of applied, registered, objected, opposed and abandoned trademarks.
Steps to Check if a Brand is Trademarked
Step 1: Go To the Official Website for Trademark Search
Visit the site https://tmrsearch.ipindia.gov.in in your browser. Use this for Trademark Searches in India. The homepage provides trademark records by wordmarks, phonetic similarities, Vienna codes, or application numbers.
Step 2: Choose Types of Search
There, you will choose the Wordmark search type if looking for brand name availability. This type of search is employed when you want to determine whether a particular word or phrase has already been registered as a trademark. Logos and sound-alike brand names can also be searched using one of the phonetic or Vienna Code search options.
Step 3: Input Your Proposed Brand Name
Enter your desired brand name in the search box. You can pick search filters and: ‘Starts With’, ‘Contains’, or ‘Match With’. The ’Contains’ option is preferred in most cases, as it helps to find similarly-sounding or partially matching trademarks.
Step 4: Select the Class of Trademark
There are 45 classes for trademarks, which fall under the class of goods or services. Ex: Software and Electronics are in Class 9, Clothing is in Class 25, Business services and advertising are in Class 35. So, selecting the right class is crucial for a meaningful and precise trademark search.
Step 5: Review the Results Carefully
Go through every entry to analyze the trademark number, the person applying for the trademark, and the dates of the application, including the brand name, status, and brand class. You should pay special attention to the status field—it’ll either say ‘Registered’, meaning the trademark is legally protected, or say ‘Objected’, ‘Opposed’, or ‘Abandoned’, which denotes there are legal problems or it has simply stopped proceeding.
At the same time, however, I would also suggest you analyze and record any similarities and potential risks.
Step 6: Analyze Similarities and Potential Risks
To view full application details, click on each result. Consider any commonality in spelling, pronunciation, or concept. Even identical or near identical trademarks, if registered, can reject your application or even cause opposition to their application. If they are similar and fall in the same class of goods, you should opt for a different name.
What to do When Your Brand Name is Already Trademarked
Trademarks are jurisdiction-specific, so if your proposed brand name is already registered in the same class or has a strong similarity with such an existing mark, you will get into legal trouble by using the brand name anyway. You get rejected and need to package significantly differently so that it stands out. Or, if the mark was not used for five years, you might wish to file an application for cancellation on the basis of non-use. This option is intended to be used with professional help and supplemental documentation.
Trademark Search: Where Do Professionals Come Into Play
Although the trademark search portal is public and fairly user-friendly, trademark attorneys or consultants can provide a more exhaustive analysis. They are able to identify phonetic similarities, provide insight into legal status, determine the risk of infringement, and aid with class selection. Experts can also provide support in the face of objections, oppositions or cancellation proceedings.
Advantages of Conducting a Trademark Search
Commercial registration can also preserve your trademark rights, which can help protect your brand identity from litigation. It minimizes the chances of trademark registration failure and prevents any undue delays or rejections. It also gives you the confidence to invest in brand marketing and product development with certainty about the security of your intellectual property. Running a trademark search prior to launching your brand is not only a legal formality but a strategic move for long-term business success.
Conclusion
Trademark registration is an integral part of the brand-building process in India. You can check to see if your brand name has been trademarked before you register it. The most trustworthy means to perform this verification is through the Indian Trademark Registry’s public search portal. A few minutes of searching online can save your business from expensive legal issues and allow you to build your brand with a one-of-a-kind, trademark-protected name in the market.
Frequently Asked Questions
1. Is it necessary to perform a trademark search before applying in India?
No, it’s not mandatory, but it’s strongly recommended that you do so. A comprehensive search prevents legal disputes and increases registration success.
2. What is the official website for trademark searches in India?
You will find the official website of the public trademark search, the Indian Trademark Registry at https://tmrsearch.ipindia.gov.in
3. What is the trademark status ‘Objected’?
‘Objected’ in a trademark application means that there were some legal issues with the application flagged by the Trademark Examiner. An applicant must overcome the objection by filing a response.
4. Is it possible to trademark a brand name that is similar but belongs to a different class?
Yes, in some cases. A trademark may be awarded if the classes are unrelated and are unlikely to cause consumer confusion. Legal advice is recommended.
5. What if I pick a name that someone else has already trademarked?
A registered trademark can issue a legal notice for your use, which may be considered infringement.
