Understand trademark classes, wordmark, phonetic and logo searches, common mistakes, and why a proper trademark search is essential before filing

What Is a Trademark Search?

A trademark search is a process of examining existing trademarks on the official records of the Indian Trademark Registry to determine whether a proposed mark is:

• Visually similar

• Phonetically similar

to any existing or pending trademark.

The purpose of a search is to simply unearth marks that are similar in any way and hence you are advised to check marks with similar prefix and suffix.

As can be seen, when searching for word 'Apple', the search should consider derivatives like Applee, Applefun, Appletree and applestree.

The search helps assess registrability under Sections 9 and 11 of the Trade Marks Act, 1999.

Why Is Trademark Search Important in India?

Conducting a trademark search in India serves multiple legal and commercial purposes:

• Avoids absolute and relative grounds objections

• Minimises risk of opposition proceedings

• Prevents infringement and passing-off disputes

• Assists in choosing a distinctive and enforceable mark

• Strengthens long-term brand valuation

From an IP attorney’s perspective, a search is a risk-assessment exercise, not merely a formality.

All public trademark records are accessible via the IP India website.

Step 1: Identify the Relevant Trademark Class

India follows the Nice Classification, which divides goods and services into 45 classes:

• Classes 1–34: Goods

• Classes 35–45: Services

Choosing the correct class is crucial, as trademark protection is class-specific.

Example:

• Clothing → Class 25

• Advertising services → Class 35

• Software services → Class 42

  Further Read-How to Choose the Right Trademark Class for Your Goods or Services in India

Step 2: Access the Indian Trademark Search Database

Navigate to the trademark Public Search section on the Quick Company Trademark Search Portal and login

You will find below option.

Step 3: Conduct a Wordmark Search

A wordmark search is used when the trademark consists of text, letters, or numbers.

It will identifies marks that sound similar, even if spelled differently.

This is especially important because Indian courts give high weight to:

• Pronunciation

• Regional accents

• Consumer perception

Search tips used by IP professionals:

• Search full trademark name and partial keywords

• Remove spaces, hyphens, or special characters

• Following result will come.
  

Step 4: Select a Class

Now select a particular class and it will show u only result for that class. For more classses repeat tyhe process. Selecting two or more classes will show result which are found in both classes.

Step 5: Select Status

As per your need you can filter result based on status of application in search result.

Step 6: Generate Search Report

There are two option for report creation 

• Select All by clicking on
• Customized report by clicking onagainst every trademark result

S

Step 7: Download Search Report

1. You can Go at top and click on 

1. You will get option to downlaod PDF or Excel sheet. You c an download by clicking on respective icon.

Common Mistakes in Trademark Searches

❌ Ignoring phonetic equivalents
❌ Selecting the wrong class
❌ Not checking well-known trademarks
❌ Assuming availability equals registrability

These errors often result in objections under Section 11 or costly oppositions.

Trademark Search Tips

• Before starting the trademark search, create the list of words that you think describe your product or service best.
• Consider words that are similar, phonetically and also include  unconventional spelling in your search parameter
• Also, conduct simple Google search from the list of the prospective trademark as certain marks may not be registered but are still protected under the common law principle.
• Before you go through the hassle of trademark registration find out that your trademark, logo or design can be legally protected.
• A trademark can be considered 'taken' if the Application status is refused, Accepted and advertised, Published, send to Vienna Codification and Registered.
• Although a trademark is 'available' if the application status shows that the prospective mark  'Withdrawn' and 'abandoned'.

If you are registering a mark that was previously abandoned, you are advised to check the reason for the abandonment of the application.

Conclusion

Conducting a trademark search in India is a legal safeguard and strategic necessity. Whether you are a startup, MSME, or established enterprise, a well-executed trademark search significantly increases the chances of successful registration and long-term brand protection.

Engaging an experienced IP attorney ensures that your trademark is not only available but also legally defensible.