A trademark search is a crucial first step before filing for trademark registration. It helps confirm trademark availability and ensures your chosen brand name, logo, or slogan is not already registered by another business. By conducting a proper trademark registration check, you safeguard your brand from costly disputes and rejection during the application process.
Who Can do a Trademark Search?
A trademark search in India can be done by anyone planning to protect a brand name, logo, or business identity. Whether you’re an individual entrepreneur or a large corporation, conducting a company name trademark search ensures your mark is unique and legally available before registration.
Those who can perform a business trademark search include:
Individuals – Sole proprietors, freelancers, or personal brand owners.
Partnerships – Firms checking brand name availability for joint ventures.
LLPs (Limited Liability Partnerships) – Ensuring distinct identity in the market.
Companies (Pvt Ltd / Public Ltd) – Verifying trademarks before incorporation or expansion.
Trusts & NGOs – Protecting unique names or logos used for social causes.
Foreign Applicants – Overseas businesses protecting their brand in India.
Types of Trademark Search
There are different methods of trademark search (TM search) to help ensure that your brand name, logo, or design is unique and available for registration. Here are the main types:
Trademark Search by Class
To search for a trademark by class, start by identifying the right category for your product or service using the international Nice Classification system. Once you know the correct class, use your country’s official trademark database, for example, the USPTO database in the U.S. to check for existing trademarks in that category.
A trademark class search is essential because trademarks are registered under specific classes defined by the Nice Classification (NCL) system. This system categorises goods and services into 45 trademark classes Classes 1–34 for goods and Classes 35–45 for services. Conducting a proper trademark classification search ensures that your brand name or logo is registered in the right category, avoiding conflicts with similar marks in the same class.
