How to do trademark search(lookup) in India: A step by step process?

The Importance of Trademark Lookup in India

• Don’t Get Sued: You should be sure that your trademark doesn’t violate someone else’s trademark and avoid any kind of litigation in future.
• Avoid time wastage: With it, one can identify the issues early before applying for registration.
• Save Cost: In case your trademark is rejected, then you have to start the process from beginning again, which costs you more.

How can you conduct trademark search in India?

Step 1: Understanding What a Trademark is?

• WORD MARK: A single word or a combination of words.
• Design/Image/Symbol: A logo.
• Label: Words + Logos
• Shape Marks: New type of shapes which are used to serve the same function as landmarks for your brand.
• Sound Marks: Sounds that are unique to your product or service.

Step 2: Go to the Official Trademark Search Site

STEP 3: Choose the kind of trademark search

• Wordmark Search: Use this if you are looking for a specific word or name This is the option to select if you want to find out whether the name Smart Tech has been registered (for example).
• Phonetic Search: This type of search allows you to identify trademarks that sound similar with your desired name. This is handy if you know a name but are wondering how it might be written.
• Advanced Search: Search using class, status, and other specific terms;

Step 4: Apply the Search criteria

• Input The Word: Type in the word or phrase you want to verify into the search box. You can restrict it to an exact or a partial match.
• Choose Classes: Trademarks are categorized into different classes depending on their nature of goods or services. There are total 45 classes, and ideally, we need to choose our class based on the nature of our business. For example:

1. Class 25: Clothing, footwear, and headgear
2. Class 9: Computers, Electronics and Software
3. Class 35: Advertising and business services

• Search by Similarity: Based on your search type, you can decide to perform either exact match, similar, or fuzzy searching. Say, you want trademarks that are pronounced like your brand name; then you can tick the option of “Phonetic Search” alongside.

Step 5: Take a Look at Search Results

Enter details of the trademark you are searching for and click on search, which will show up a list of trademarks similar to or matching with the term provided. So here are some markers to look for in the results.

• Trademark Name: This is a trademark logo or name.
• Status: You’ll see either that the trademark is:
• ️Registered: This trademark is registered and protected.
• Pending: The trademark application is being reviewed.
• Status: The trademark registration has been removed or cancelled.
• Application Number: Every trademark has its individual application number.
• Class: The class under which the trademark has been registered. You can verify that the class correspond to the type of products and/or services that you are providing.

Step 6: Analyze the Results

• Visual Similarity: Identify if any logos or colors resemble yours.
• Phonetic Marks: similar sound, different appearance
• Classes: If the marks are in the same or closely related classes, the potential for conflict may also be greater.

Step 7: Act On The Results

• Next Step: You Can Register if there are no existing trademarks that might be competing with yours, you can move forward with your trademark registration application.
• Change Your Trademark: If you will find the same trademark then you have to change the name, logo, or design. So, do not get any legal issues by doing your wrong one again!
• Seek Expert Advice: If there’s any confusion about the results or next steps, consider reaching out to a trademark attorney or IP expert.

Step 8: Trademark Application Submission

Conclusion