Beyond Free Search: Trademark Security with Expert Lawyers
Fast-Track Your Trademark with Lawyer-Led Service
Consultation with IP Expert
Expert Assisted Registration
1-on-1 Consultation with IP Expert
Ideal for thorough TM search to avoid rejections
₹799
50% off
₹399
What you'll get
30-minute consultation with an IP Expert
Class report analysis by IP experts
Thorough searches across registered, unregistered & abandoned marks
Alternate suggestions with minor modifications
Enhance brand visibility with IP Shield! Access Exclusive Branding Discounts
1-on-1 Consultation with IP Expert
Ideal for thorough TM search to avoid rejections
₹799
50% off
₹399
What you'll get
30-minute consultation with an IP Expert
Class report analysis by IP experts
Thorough searches across registered, unregistered & abandoned marks
Alternate suggestions with minor modifications
Enhance brand visibility with IP Shield! Access Exclusive Branding Discounts
Expert Assisted Search + Registration
Ideal for thorough TM search + application filing
₹2999
₹1000 off
₹1999
+ Govt. Fee
What you'll get
30-minute consultation with an IP Expert
Thorough searches across registered, unregistered & abondoned marks
Special opinions from our IP lawyers
Expert legal advice on risk mitigation & next steps
TM application filing in under 24 hours
TM certificate*
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What Is a Trademark Search?
A trademark search is a strategy for your business's marketing toolkit. This search, often called a TM search, allows you to discover trademarks already used within the market and obtain detailed information about them. Moreover, it enables you to determine if there are any ongoing attempts to register a trademark that might infringe on your brand name or other related identifiers.
We will thoroughly analyze your brand name, logo, and design to safeguard your unique identity. We compare these elements against extensive databases of registered trademarks. These registries catalogue registered trademarks in their databases. Consequently, if another party attempts to register a trademark identical or similar to your brand identity, they must pay a specified fee before their registration process can proceed. This step is crucial to prevent unauthorized usage and potential infringement of your brand.
How to Conduct a Trademark IP India Public Search?
Trademark searches are especially important if you are searching for a trademark that is registered with the trademark registry. But before you start your search, it's important to know how to conduct a trademark search online. There are many different ways in which you can conduct a tm search, but below are two of the most common ways:
Searching for a trademark online If you’re looking for information about an existing trademark, conducting an online search is by far your best option
The first step in conducting an online search is to conduct a keyword search on trademarks or brands that you believe might be similar to yours
If the name entered doesn't match anything within your given search parameters, move on to
In order to find out if the name is on file with the trademark registry, check the Indian government’s trademark registry or perform a IP India Public Search
Sometimes these databases will provide some insight into whether or not another company has filed for protection of their brand name against your use of yours as well
If someone else has filed for protection of their brand name against the use of yours, this will be noted in each database record and usually includes links to their respective application.
Register your Trademark now
Why Do You Need a Trademark Search India?
Trademark searches are not easy. They require a lot of time and effort, which is why many people choose to outsource the process. However, if you do decide to do your own search, keep in mind that it can be more expensive than going through an agency. When looking for a trademark public search company, consider the following criteria:
Expertise: Make sure the company has experience in more than one industry and specialty so they can provide accurate results across different fields.
Cost: Make sure the company charges a reasonable fee that’s competitive with other agencies.
Time frame: Find out what their turnaround time is so you know how long you’ll have to wait for your results.
Results: You want to find a reputable company that provides reliable results so you can be confident your potential trademark will be protected from infringement
How to Do Trademark Search in India - Brand Registration Check?
You can conduct a free tm search online on Vakilsearch’s search tool. Get in touch with our experts right away for more guidance on the same.
An online trademark name search on the trademark registry can also be done on the Indian trademark database link. The trademark registry will then perform the search and send a report of any trademarks that are similar or potentially conflict with your trademark. When performing a TM public search, a company should consider the following four steps:
1.Determine whether or not they should file for a trademark.
2.Understand what type of trademark they need.
3.File an application with the trademark registry.
4.Protect their intellectual property.
Things to Look Out for When Conducting Your Trademark Search Availability
The first step to conducting a tm search online is making sure you’re searching within the right legal jurisdiction.
The Indian trademark registry is the governmental agency tasked with registering trademarks and copyrights in India.
Additionally, if your company has filed for or will file for a trademark in another country, it’s best to search through that country’s trademark office as well.
Next, it’s important to determine what type of trademark you’re trying to look up. Is your brand name search a word? A symbol? A design? An identifier?
Make sure that you know which type of mark you are looking for before conducting your search! You may also want to consider differentiating between goods and services when searching for trademarks. There are certain types of marks that can only be used on goods (e.g., "Jaguar" can only be used on cars), while other marks are easier to use on services (e.g., "Bose" can be used on headphones). It may be more difficult to find a trademark corresponding with service-based goods, but this shouldn't deter you from submitting an application anyway! When making an application for registration of your mark, make sure that all required information is included: including the full name and address of the applicant and the date.
Why Vakilsearch?
This guide gives you the basic steps on how to conduct a trademark search and the things to look out for. It also gives you some resources that are helpful in the search process. You can read more on how to check brand name availability, what resources to utilise, and what other things to think about when conducting your trademark search here.
Outsourcing is a great way to jumpstart this process — Vakilsearch can give you the advantage when it comes to getting noticed and capturing customer interest.
But outsourcing alone isn’t enough. Your brand perspective is critical to driving success and avoiding common pitfalls. Not sure where to get started? We have got you covered.
FAQ's on Trademark Search
A Trademark Clearance Search, also known as a 'clearance search' or 'availability search,' is conducted to determine whether a proposed trademark is likely to infringe upon existing trademarks. This search helps identify any similar or conflicting trademarks that are already registered or pending. It provides valuable information to applicants before they invest time and resources into a new trademark, helping them avoid potential legal issues.
A Trademark Knockout Search is a preliminary search that aims to identify obvious or immediate conflicts between a proposed trademark and existing trademarks. This search is usually quicker and less comprehensive than a full clearance search. It helps applicants quickly eliminate potential trademark options that are likely to face objections due to similarities with already registered trademarks.
While having knowledge of trademark classes can be helpful, it's not always necessary to conduct a basic trademark search. Many trademark offices provide user-friendly search interfaces where you can input keywords, phrases, or the actual trademark itself to initiate a search. However, understanding trademark classes can be beneficial if you want to narrow down your search results to specific categories of goods or services.
A Comprehensive Trademark Search is a thorough and in-depth search conducted by professionals or specialized search firms. It involves an exhaustive examination of trademark databases, including registered, pending, and abandoned trademarks, as well as common law sources. This type of search aims to identify potential conflicts that might not be immediately obvious and provides a more comprehensive analysis of the trademark landscape before filing a new application.
Yes, you can use Vakilsearch to conduct a free trademark search on your own.
Before filing a trademark application for registration, it is always advisable to conduct a trademark search. TM searches provide an overview of your trademark's registrability under The Trademark Act of 1999.
Yes, you can conduct a trademark search without knowing the trademark class. You can use the trademark class finder tool to select the correct trademark class from over 80,000 goods and services. Among the 45 classes, 34 fall under the Goods section and 11 fall under the Service section.
There are multiple reasons to conduct a trademark search, but the two most important are to better ensure the availability of the mark's registration prior to adoption and to help avoid unintentional infringement of another's mark.
A comprehensive trademark search seeks to locate all risks associated with the use and potential registration of the chosen trademark. It also reveals the extent of the trademark's non-registered, third-party use across the country. Finding unregistered but in-use marks is important because a prior user, i.e. the first user, will have common law rights that supersede the later, second user. If the first user never filed for a federal registration, the second user may be able to obtain one, but the first user will have protection in all geographic areas where the first user used the trademark prior to the federal filing by the second user.
There are multiple reasons to conduct a trademark search, but the two most important are to better ensure the availability of the mark's registration prior to adoption and to help avoid unintentional infringement of another's mark. Furthermore, when a company's website is intended to have broad, international exposure, a worldwide trademark search is often useful to ensure that a mark is available for use as a domain name.
Vakilsearch's search tool allows you to conduct a free TM search online. The Indian trademark database link also allows for an online trademark search on the trademark registry. The trademark registry will then conduct the search and send you a report of any trademarks that are similar to or potentially conflict with yours. When conducting a trademark search, a company should consider the four steps listed below:
Determine whether or not they should file a trademark application
Determine the type of trademark they require
Submit a trademark application to the trademark registry
Safeguard their intellectual property.
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Authors
Written by Nithya, Reviewed by Sujith. Last updated on May 29 2024, 10:21 AM
Sujith AS B.A. LLB (Hons) graduate, is an expert in IP Infringement, copyright registration, Trademark, music protection & provisional patents.
Nithya Ramani Iyer, a criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.