Trademark Search

Comprehensive trademark search.

A trade mark search establishes whether a mark is available before any money is spent filing it, by checking the Trade Marks Registry for identical and deceptively similar marks in the relevant classes, the MCA register for company names, and the market for unregistered use that could still support a passing-off claim. It is the cheapest step in the whole process and the one most often skipped — and skipping it is how a business spends a year and a fee to be told the mark was never available.

Who this is for

Conflict detection
Similar marks check
Domain check
Filing strategy

The process

What we actually do

1
We search the Registry for identical and similar marks
Not just exact matches. The test at examination is deceptive similarity — phonetic, visual and conceptual — so the search covers variants, near-homophones and translations, in the classes that matter and the ones adjacent to them.
2
We check the company and LLP registers
A company already trading under a similar name may have common-law rights strong enough to oppose, even with no registration. The MCA register is where those show up.
3
We look for unregistered use in the market
Passing-off rights arise from use, not registration. A business using the mark without registering it can still oppose yours, and finding that before filing is considerably cheaper than finding it at advertisement.
4
We give you a plain assessment, not a list
The output is a view: file as is, file with a modification, or choose something else — with the specific prior marks that drive the answer. A search report that lists sixty marks and draws no conclusion has not done the job.
5
We suggest workable alternatives where it is not available
Where the mark is blocked, the useful output is what would clear — a distinctive prefix, a different class strategy, or a device element that carries the distinctiveness the word cannot.

Who this is for

Anyone about to file a trade mark application
Businesses choosing a name before incorporating or buying a domain
Businesses entering a new product category that needs a new class
Anyone who has received a cease-and-desist and needs to know how strong the other side actually is
Investors or acquirers checking what a target's brand rights really amount to

How long it takes

One to three working days for a search and a written assessment across the relevant classes.

If you do nothing

You file blind. The realistic outcomes are an examination objection under section 11 citing a mark you could have found in an afternoon, or an opposition four months after advertisement from a proprietor who has been watching the Journal. Both cost the fee, the time and, if the branding has already gone to print, a great deal more.

The law, in figures

Dates, thresholds and sections

Every figure below carries the provision it comes from, so it can be checked.
What	Figure	Source
Public search	The Registry's search facility is publicly available at no cost	Trade Marks Registry, Controller General of Patents, Designs and Trade Marks
Absolute grounds for refusal	Descriptive, non-distinctive, generic or deceptive marks	Section 9, Trade Marks Act 1999
Relative grounds for refusal	Identity or similarity with an earlier mark for similar goods or services	Section 11, Trade Marks Act 1999
Rights from use alone	Passing off is preserved regardless of registration	Section 27(2), Trade Marks Act 1999

What usually goes wrong

Searching only for the exact word, when the test at examination is deceptive similarity
Searching only the class you sell in, and missing a blocking mark in an adjacent one
Ignoring unregistered use, which can support an opposition without any registration at all
Treating a clear search as a guarantee — it materially improves the odds, it does not remove the risk
Ordering a search after the branding, packaging and signage have already been paid for

What non-compliance costs

No penalty — a search is voluntary. The cost of skipping it is the filing fee and a year of pendency
Adopting a mark that infringes an existing registration exposes you to an injunction and damages
Rebranding after the fact costs far more than the search would have, in packaging, signage and goodwill

These are statutory amounts, not our fees. What we charge depends on your situation and is quoted before any work starts.

Want to do it yourself?

The whole procedure, written out step by step. Nothing held back to force a call.

6 steps
How to register a trademark in India
Search, file and prosecute a trademark application through the IP India portal, from clearance search to registration certificate.
120 min

Terms you will come across

Trademark Class: A trademark class is one of the 45 categories of the Nice Classification, and a trademark is only protected in the classes it is registered in.

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