Why a Trademark Search Matters in India

Before launching a new brand, product, or service in India, conducting a trademark search is essential. It helps ensure that your proposed mark is not already registered or pending registration, reducing the risk of legal disputes or rejection by the trademark office.

This blog provides a step-by-step guide on performing a trademark search using official Indian government tools.


Why Is a Trademark Search Important?

A trademark search helps you:

  • Avoid legal disputes with existing mark holders

  • Ensure your brand is unique and distinctive under the Trade Marks Act, 1999

  • Improve the chances of successful trademark registration

  • Save time, money, and branding effort


Step-by-Step Guide to Trademark Search in India

1. Visit the IP India Trademark Search Portal

Start your search at the official government website:

Trademark Public Search Portal:
https://tmrsearch.ipindia.gov.in

This tool is provided by the Office of the Controller General of Patents, Designs and Trade Marks, under the Ministry of Commerce & Industry.

2. Choose the Type of Search

You will find three types of search options:

  • Wordmark Search: Ideal for searching brand names, slogans, or taglines.

  • Phonetic Search: Useful for identifying marks with similar pronunciations.

  • Vienna Code Search: Used for searching logos or symbols, based on visual elements.

For most users registering a name or slogan, the “Wordmark” search is sufficient.

3. Identify the Appropriate Trademark Class

India uses the Nice Classification, which divides trademarks into 45 classes (Classes 1–34 for goods and Classes 35–45 for services).

You can view the class list here:
Trademark Classification – IP India

Make sure to search in all relevant classes related to your goods or services.

4. Enter the Search Criteria

In the search form:

  • Select Search Type (e.g., Wordmark)

  • Enter your proposed brand name

  • Choose the relevant class number

  • Choose match type: “Starts With”, “Contains”, or “Exact”

Click Search to generate results.

5. Review the Results

Each search result provides:

  • Trademark name

  • Application number

  • Status (e.g., Registered, Objected, Abandoned)

  • Applicant name

  • Class and description of goods/services

Pay close attention to any existing trademarks that are similar or identical to yours, especially if they are active or under examination.

6. Conduct Multiple Searches

Repeat the process using:

  • Phonetic spelling

  • Alternate spellings or transliterations

  • All relevant classes

This will give you a clearer picture of possible conflicts.

7. Keep a Record

It is recommended to save or screenshot the results for your records, especially if you plan to apply for the trademark soon.


Optional: Global Search

If you intend to use the trademark internationally, consider searching on the WIPO Global Brand Database:

https://www.wipo.int/branddb

This lets you identify potential conflicts across jurisdictions outside India.


Next Step: Filing a Trademark

If your mark appears to be unique and available, you can proceed to file an application online via the IP India portal:

Trademark E-Filing Portal:
https://ipindiaonline.gov.in

You will need:

  • A digital signature

  • Details of the applicant and goods/services

  • Power of attorney (if applying through an agent)

  • Applicable government fees


Additional Resources


Professional Help

While the search process is free and publicly accessible, interpreting results or handling borderline conflicts can be complex. You may consider consulting a trademark attorney or IP professional for legal advice and clearance search.


Conclusion

A proper trademark search is the foundation of a strong, legally secure brand. By using the official IP India resources and following this structured approach, you can protect your brand from infringement issues and ensure smoother registration.

If you need help understanding your search results or filing an application, feel free to ask for professional assistance.

The Reverse Charge Mechanism (RCM) is a tax collection method under GST where the recipient of goods or services, instead of the supplier, is responsible for paying the GST directly to the government.

RCM applies to transactions such as legal services, goods transport agencies (GTA), e-commerce operators for certain transactions, import of services, and purchases from unregistered suppliers.

Yes, businesses can claim ITC on RCM payments. They must first pay the GST liability, report it in GSTR-3B, and then claim ITC in the subsequent eligible return.

Under RCM, businesses must pay GST upfront, which can create short-term cash flow constraints. However, they can later claim ITC to offset this cost.

Businesses must issue self-invoices, pay GST on applicable transactions, report RCM transactions in GSTR-1 and GSTR-3B, and maintain digital records as per updated compliance standards.

Failure to comply with RCM regulations can lead to higher penalties, interest on unpaid tax, and stricter audits as per the revised GST laws in 2025.

Key updates include expanded coverage of digital and gig economy services, automated verification for RCM payments, stricter penalties for non-compliance, and simplified ITC claim processes.