Trademark is an essential requirement for a brand who is looking to protect their brand identity in the marketplace. But before Trademark registration filing, the applicant must go for the Trademark search, which plays a crucial role to reduce future disputes. It is a process to invest in existing trademarks to assure that the proposed logo, name or design does not conflict with already registered or pending trademarks. Every brand owner who is planning to secure their brands by trademark registration, must have the complete understanding on TM search report first. In this article you will get the complete understanding over the Trademark Search in India including Trademark gist, meaning, purpose, process to conduct Trademark search report. Connect with Bizfoc for a comprehensive TM search report under best Trademark experts.
| Trademark Law | In India, Trademark protects under “Trademark Act, 1999” |
| Trademark Meaning | A trademark is a distinct symbol, word or phrase that identifies a business. It is a type of intellectual property that helps to distinguish a brand or business from their competitors. |
| Trademark Symbols |
1) TM stands for Trademark. The symbol TM indicates that the
claiming brand name or symbol is under trademark registration process.
2) Circled R/ ® Full circled R indicates that the brand has successfully registered by the trademark authority and the owner has all the exclusive rights to use this mark. |
| Eligibility for Trademark Registration |
Anyone such as - • An Individual • Joint Owner • Proprietorship firm • Partnership firm • LLP • Trust or Society, etc. |
| Trademark Registration Process |
Step 1: Conduct TM search report Step 2: Trademark Application filing Step 3: Trademark Application examination Step 4: Trademark Journal Step 5: Trademark Opposition (optional) Step 6: Trademark Certification |
| Required Documents |
1. Identity and address proof 2. Partnership deed or incorporation 3. PAN and Aadhar Card 4. Signed Form-48 5. LOGO 6. Udyam Registration (if required) 7. PoA (Power of Attorney) |
| Fees for Trademark Registration |
• Individuals, Startups & Small Enterprises - ₹4,500/- per class (Online fees)
and ₹9,000/- per class (Offline fees) • Other Entity (Company, Trust, Partnership) - ₹9,000/- per class (Online fees) and ₹10,000/- per class (Offline fees) |
The name or symbol the applicant wants to register must have uniqueness so, TM search is conducted to check whether the chosen trademark is already registered or not. If there are any similarities found with the applicant’s symbol or name the trademark may face legal objection or opposition during the registration process and it may lead to legal consequences as well.
The applicant can do this TM search on their own or by any professional. But it is highly advisable to seek guidance from an expert.
There are some key purposes of Trademark search given below:
Here is the complete process to conduct Trademark search given below:
Bizfoc is a team of professional experts of trademark with 5+ years experience. We offer comprehensive services from trademark TM search to trademark renewal and follow-up. Our client-centric approach encourages us to provide a thorough guidance on each stage that assures a smooth and error-free registration process. We believe in transparent and competitive prices with no hidden charges.
Protecting your brand's identity and ensuring long-term success requires a comprehensive trademark search. It helps you avoid legal disputes, financial losses, and reputational damage by identifying potential conflicts early. A thorough trademark search not only protects your intellectual property but also provides peace of mind as you build and grow your brand. Conducting a trademark search is a proactive measure that reinforces your commitment to legal compliance and brand integrity, whether you're an entrepreneur launching a startup or an established business expanding your portfolio. To ensure your search is accurate and comprehensive, consider seeking professional assistance or using reliable tools. A well-protected trademark is a cornerstone of a successful, recognizable, and strong brand.
For existing registrations or conflicts, conduct a trademark search using the official trademark registry, online databases, business directories, and domain name platforms.
No, registering a trademark is not free. There are some government fees such as ₹4500/per class for individuals and ₹9,000/per class for companies or partnership firms.
A trademark is valid for 10 years from the date of trademark registration.
No, it is not compulsory to register the trademark but by getting trademark certification the applicant or trademark owner may obtain several exclusive rights. Therefore, it is highly advisable to go for trademark registration.
Yes, you can file a trademark application by yourself but it is a complex procedure and filing an application by yourself may lead to several consequences. Therefore seek professional guidance that may help to avoid objection and opposition chances.