Before companies apply for a trademark in India, they typically conduct a trademark search to see if the proposed mark has already been registered or is too close to a registered mark. The outcome of the trademark search is detailed on a Trademark Search Certificate, which can prove that due diligence has been exercised before making the filing.
This blog explains what a trademark search certificate is, why it matters, how to obtain it, the legal implications of using it and mistakes companies should not make.
Introduction
A trademark is one of the best assets you can hold for your business. Not only does it distinguish your brand, product, or service from the competition, but it also creates recognition and awareness in the marketplace. Unfortunately, if you file a trademark and have not taken the time to check if other trademarks conflict with your rights, you have to brace for objections, opposition challenges, and, in the worst case, lose your application.
The common way to avoid this situational pitfall is for businesses to conduct a trademark availability search. A trademark availability search can be conducted using the Intellectual Property India (IP India) database of registered trade marks to see if the mark you wish to use is free from conflicting rights. Normally, they will take the next steps by advising you and providing a Trademark Search Certificate.
A Trademark Search Certificate is not legally required, and it does not have to be filed with your trademark application, however, many businesses have used it as a protective mechanism to diminish the various forms of potential objections/coexistence problems that exist mainly when seeking investment, entering into licensing agreements, or to show the strength of supporting evidence when facing disputes/litigation.
What is a Trademark Search Certificate?
A Trademark Search Certificate is a formal document that records the results of a search conducted in the trademark database. It certifies whether –
- The proposed mark is available for registration, or
- There are conflicting marks that may cause objections during registration.
The certificate usually includes –
- Name of applicant/proposed owner
- Proposed trademark (word/logo/device mark)
- Class of goods/services (under the NICE classification system)
- Search findings (existing marks that are identical or similar)
- Professional remarks about the chances of registration
Why is it Important?
- Avoiding Conflicts: A prior search helps prevent infringement of someone else’s trademark rights. If your mark is too similar, you may face opposition or even lawsuits.
- Saving Time and Cost: Filing fees for trademarks are non-refundable. A rejected application means wasted money and delays. A certificate reduces the chances of rejection.
- Investor and Partner Assurance: Investors, licensors, or franchise partners often demand proof that your brand is free from legal disputes. A certificate provides documented evidence.
- Defense of Litigation – If your mark is challenged at any time, demonstrating you did your due diligence with a search certificate will better your position.
- Professional Opinion – The certificate does not just identify conflicts, it also includes professional opinions as to whether to proceed, modify or abandon the proposed mark.
How to Obtain a Trademark Search Certificate?
Step 1. Identify Your Trademark
You have to think about the exact word, logo, or design you want to protect. Define the class of goods/services according to the NICE Classification (1–45 classes).
Step 2. Conduct the Search
Use the IP India trademark search portal (https://tmrsearch.ipindia.gov.in/tmrpublicsearch/) to search for identical or similar marks in your class. Searches can be –
- Wordmark search (for brand names)
- Phonetic search (for similar-sounding marks)
- Vienna code search (for logos or device marks)
Step 3. Professional Review
A trademark attorney/agent reviews the results to assess the chances of registration. They prepare an opinion based on existing records.
Step 4. Issuance of Certificate
A formal Trademark Search Certificate is prepared, usually on the letterhead of the attorney or IP firm, certifying –
- A search was conducted
- Findings of identical/similar marks
- Whether the proposed mark is registrable
The Legal Importance of a Trademark Search Certificate
Although not legally important or necessary under the Trade Marks Act, 1999, the certificate has a practical importance –
- Evidence of Due Diligence – When you demonstrate you researched availability before the filing to regulatory bodies, investors or courts.
- Risk Assessment Tool – Helps a business determine whether to proceed with registration and or modify a brand.
- Support Document – Can be attached in certain proceedings, contracts or investor documents.
- Contract Utility – Commonly used in mergers and acquisitions, licensing, and franchising agreements as proof that the brand is conflict-free.
Common Mistakes to Avoid
- Skipping the Search – Filing directly without checking availability.
- Partial Search – Only searching by exact name, ignoring phonetic or visual similarities.
- Wrong Classification – Filing in the wrong class, which may render the application useless.
- DIY Without Expert Opinion – Relying only on raw search results without professional interpretation.
- Not Updating Searches – Markets evolve; an old certificate may no longer reflect the current database status.
When Should You Get a Trademark Search Certificate?
- Before filing a trademark application (best practice)
- During business incorporation or rebranding
- Before franchise or licensing deals
- When seeking investment or loans (to show IP validity)
- Prior to mergers and acquisitions
Conclusion
The Trademark Search Certificate is by no means mandatory; however, it is a significant asset to a business. It reduces conflicts, saves time and money in the application phase of registration, and adds legal weight to your brand.
As an independent business start-up, SME or existing business, getting a trademark search certificate prior to submitting an application is a positive step toward securing and protecting your intellectual property.
In the fast-paced, competitive market of India, your brand identity is your biggest asset, and this document can help to protect it so much more easily.
References
The Trade Marks Act, 1999 (Act No. 47 of 1999)
https://www.ipindia.gov.in/trade-marks.htm
https://tmrsearch.ipindia.gov.in/tmrpublicsearch/
https://ipindiaonline.gov.in/
