How to Check for Trademarks in India: A Step-by-Step Guide

Are you thinking about starting a business or launching a new product in India, but want to make sure that your brand is unique and not already taken by someone else? One of the first steps you should take is to properly check for trademarks in India.

A trademark is a unique name, sign or symbol that is used to distinguish a product or service from those of others. In India, trademarks are regulated by the Trade Marks Act, 1999 and the rules and regulations prescribed under it.

Here are some tips on how to properly check for trademarks in India:

1. Start by conducting a thorough search on the Trade Marks Registry website. The Trade Marks Registry is a government body that maintains a database of all registered trademarks in India. You can search the database by Name, category, or trademark owner. https://tmrsearch.ipindia.gov.in/tmrpublicsearch/frmmain.aspx
2. Trademark is searched by class, for example “Real Estate” is under Class 36, to check under which class your industry comes, go to google and type “ Trademark Class (e.g. Real Estate Trademark Class)”, sometimes you might be providing products or services that are in multiple different classes so make sure you check in those classes as well.
3. Once you have conducted your search, it's important to carefully review the results and make sure that your proposed trademark is not already registered by someone else. If you find a similar trademark, you should consider choosing a different name or design for your brand.
4. Its always a good practice to check for alternate spellings as well, because if your name sounds similar to other brand but has different spelling, it will still get objected.
5. If you determine that your proposed trademark is unique and not already registered by someone else, the next step is to apply for trademark registration with the Trade Marks Registry. The process for registering a trademark in India can take several months, so it's important to plan ahead and allow plenty of time for the process to be completed.

In conclusion, properly checking for trademarks in India is an important step for anyone thinking about starting a business or launching a new product in this country. By conducting a thorough search and carefully reviewing the results, you can ensure that your brand is unique and not already taken by someone else. And by applying for trademark registration, you can protect your brand and prevent others from using it without your permission.