Trademark Search in India
Protect Your Brand with SetindiabizGet a comprehensive trademark search and attorney legal opinion. We search the Indian Trademark Registry in your relevant classes, analysing your mark's registrability and providing expert consultation based on the proposed trademark use.
Setindiabiz is Trusted By Leading Brands
Trademark Availability Check is the First Step For Trademark Registration.
Your brand is your most valuable asset and can be effectively protected by trademark registration in India. At Setindiabiz, we provide comprehensive trademark search services powered by experienced paralegals and attorneys to ensure your brand identity is unique and legally sound. With a proven track record of helping thousands of Indian businesses, from startups to large enterprises, we go beyond basic searches to offer in-depth analysis and expert legal opinion, giving you the confidence to invest in your brand name and logo. Trademark search is the crucial first step in our fast and reliable trademark registration process in India. Let Setindiabiz's expertise guide you in protecting your intellectual property.
We offer two kinds of Trademark Search.
| Basic Search (By Para Legals) | Comprehensive Search (By Attorney) |
|---|---|
This preliminary search, conducted by our experienced paralegal team, offers a quick check of the Indian Trademark Registry's public database. | An experienced trademark attorney performs this in-depth search and analysis, providing a professional legal opinion on your trademark registration. |
In today's competitive business environment, standing out from the crowd is essential. Your brand identity, whether it is the business name, logo, tagline, product packaging, or domain name, helps your customers recognise and choose your offerings over competitors. But what if someone else is already using a similar brand? This is where a thorough trademark search becomes crucial.
Difference between Basic and Comprehensive Trademark Search
At Setindiabiz, we recognize that each business has unique requirements based on its size and budget for intellectual property rights (IPR). To accommodate these needs, we offer two distinct trademark search options: the Basic Search and the attorney led Comprehensive Trademark Search.
Both options aim to provide insights into the availability of your desired trademark, but they significantly differ in scope, the level of expertise involved, and the depth of analysis provided. The right choice for you will depend on your specific requirements and the level of risk you are willing to accept. Below is a detailed comparison to help you determine which option best suits your needs:
| No | Feature | Basic Search (By Para Legals) | Comprehensive Search (By Attorney) |
|---|---|---|---|
| 1 | Performed By | Experienced Paralegal Team | Experienced Trademark Attorney |
| 2 | Scope of Search | Preliminary search of the Indian Trademark Registry's public database | In-depth search of the Indian Trademark Registry, including word marks, phonetic equivalents, and device marks |
| 3 | Level of Analysis | Identifies exact word matches in relevant classes | Thorough analysis considering potential conflicts under the Trade Marks Act, 1999 (Sections 9 & 11), and common law usage |
| 4 | Legal Opinion | Not included | Includes a professional legal opinion on the likelihood of successful registration |
| 5 | Best Suited For | Businesses seeking a quick initial check for obvious identical trademarks before further investment | Businesses serious about protecting their brand, seeking to avoid future legal issues, and requiring expert legal guidance |
| 6 | Steps Involved | Exact word search; Review of identical matches in relevant classes | Broad search for similar marks; Analysis under Trademark Act; Consideration of common law; Legal opinion |
| 7 | Target Audience | Startups and small businesses with budget constraints looking for an initial overview | Established businesses, businesses with significant brand investment, and those planning for international expansion |
Online Trademark Search: A Comprehensive Video Guide.
Before registering your trademark, it is important to ensure that your mark does not infringe upon someone else's previously adopted trademark. Conducting a trademark search will help you avoid legal issues and establish your brand's uniqueness. In this video, we explain how to conduct a trademark search in India. Be sure to watch until the end for complete insights!
Process of Comprehensive Trademark Search
The trademark search is essential for securing fast trademark registration that will withstand opposition and infringement claims from your competitors. By choosing Setindiabiz, you benefit from our expertise at every stage, ensuring a comprehensive trademark search that minimises risks and maximises your chances of successful trademark registration in India .
Step - 1
Identify Your Trademarks – Let's Define Your Brand Assets:
- Your Role: Every business has more than one trademark. The first step would be to identify and list all possible trademarks that identify the business with its products or services. You should start by identifying all potential trademarks associated with your business, including company names, domain names, logos, punchlines, brand names, labels, symbols, a unique share of goods, colour combinations, or a distinctive sound or smell mark, and any unique identifiers.
- Setindiabiz's Guidance: We help you determine which of these trademarks are essential to register and align best with your overall business identity and goals. We will also analyse the use of trademarks and identify the products of services to which the trademark may relate.
Step - 2
Select the Right Classes – Ensuring Comprehensive Coverage:
- Your Role: You'll need to understand the 45 different classes of goods and services to identify the relevant trademark class covering all your products and services. For example, if you sell clothing, you'd look in Class 25.
- Setindiabiz's Expertise: Not sure which classes apply? Our experienced team provides expert consultation to pinpoint the precise categories for your products or services. We can also help you select multiple classes if your business operates across different areas.
Step - 3
Search Official Databases – Leveraging Advanced Tools and Expertise:
- Your Role: Our Approach: Setindiabiz goes beyond simply using the Indian Trademark Registry's online database (tmrsearch.ipindia.gov.in/tmrpublicsearch/). This step involves entering the trademark against a specific class and reviewing results for identical or similar marks
- Setindiabiz's Role: Our team utilises both the official database and sophisticated third-party tools to conduct an exhaustive search for registered and pending trademarks that are identical or similar to yours. This ensures a broader net and more comprehensive results.
Step - 4
Legality Check – Our Attorneys Ensure Compliance with Trademark Law:
- Setindiabiz's Core Expertise:This is where our legal expertise truly shines. Our experienced trademark attorneys meticulously scrutinise your proposed trademark against the stringent requirements of the Trade Marks Act, 1999, particularly Sections 9 and 11.
- Our Attorney's Analysis: We assess whether your mark possesses the necessary distinctiveness (Section 9) and thoroughly examine existing trademarks to identify any potential conflicts or confusing similarities (Section 11) that could hinder registration.
Step - 5
Check Common Law Sources – Uncovering Unregistered Rights:
Setindiabiz understands trademark protection goes beyond registered marks. Therefore We conduct thorough investigations into unregistered trademarks protected by common law through extensive internet searches, business directory checks, and domain name registry reviews. This crucial step helps identify potential conflicts that might not appear in official databases.
Step - 6
Comprehensive Trademark Search Report
- Setindiabiz's Value Delivery: We don't just provide a list of results. Our team evaluates all the search findings to identify potential conflicts, carefully considering similarities in appearance, sound, and meaning, especially within the same class.
- Expert Analysis and Recommendations: Our attorneys further analyze the implications of Sections 9 and 11 of the Trademark Act, 1999, and compile a detailed, easy-to-understand search report. The trademark search report provides you with a clear assessment of your trademark's registrability and empowers you to make informed decisions about your brand strategy.
Benefits of trademark search before registration
A thorough trademark search helps in getting faster trademark registration, avoids future litigation, helps in the adoption of a new and unique brand and avoids accidental copying of someone else's trademark.
Avoid Legal Issues
By searching for existing trademarks, you avoid the risk of infringing on someone else's rights, which could ultimately lead to costly litigation and further expenses. A comprehensive search, therefore, can help to avoid exposure to damages, costs incurred in litigation, and the risk of taking a hit to your investment, so you would lose all the effort made to promote and establish your brand and business in the market. Did you know that trademark infringement lawsuits in India can cost businesses upwards of ₹3-5 lakhs in legal fees alone? A thorough search with Setindiabiz can significantly reduce this risk.
Ensure Registrability
A search increases the chances that your trademark application will be accepted by the trademark registrar, which will save you time and money on services. This is especially important in India, where the registration process can take 6-9 months, and conflicts in the registration process can add time and further confusion. Studies show that trademarks preceded by a comprehensive search have a 30% higher chance of first-time approval. Let Setindiabiz streamline your application.
Protect Your Brand
Establishing a unique trademark can help distinguish your brand and enhance the legitimate recognition of your products, ultimately having a positive impact on your overall brand recognition and consumer goodwill. This is particularly beneficial for startup companies, specifically if the goal is to enhance existence in the marketplace either in India or globally.
Saving time and resources
A trademark search will save time and, specifically, costs if your search leads you to abandon consideration of a mark that would ultimately have to be abandoned in favour of a previous adoption or registration of the mark by another competitor in similar or competitive business activities.
Legal Defence
A well-documented trademark search could help a defence against a claim of either bad faith or willful infringement. It will offer a strategic advantage, mainly if you use that trademark search process as part of building your policy compliance with intellectual property laws.