Trademark guide: how to search, register and use trademarks

Trademarks protect brand names, logos, and slogans. If you sell products or services, a clear trademark strategy stops others from copying your identity. This guide shows practical steps you can take right away: how to check if a mark is free, how registration works in India, and what to do if a mark expires.

Start by searching existing marks. Use the government trademark search tool to see if similar names or logos exist in your class. Search exact names, variations and phonetic matches. Save screenshots and dates of your searches — that helps if a dispute comes up. If nothing close appears, you lower the chance of opposition during registration.

Understand the difference between registered and unregistered marks. A registered trademark gives legal presumption of ownership and exclusive rights in its class. Unregistered marks may get limited protection through common law or passing off claims, but enforcement is harder and costlier. Use the ™ sign for unregistered marks and ® only after registration is granted.

How to register a trademark

Pick a unique, distinctive mark — coined words or unusual logos work best. Avoid names that describe the product or service; those are hard to register. Choose the correct class for your goods or services. Prepare a clear specimen showing how you use the mark on products, packaging, website or ads. File an application with the trademark office and note the application number.

After filing, the office examines the application and publishes it for opposition. If no one opposes or you overcome objections, the mark proceeds to registration. Keep track of deadlines: renewals are usually required every ten years. Missing a renewal can lead to expiration, but restoration options may be available if you act quickly.

Using expired or abandoned trademarks

An expired trademark may be usable if it's been abandoned or not restored by the owner. Before adopting an expired mark, re-run the official search and check for any pending applications or recent use by others. Consider registering the mark under your name to secure rights. If the mark has residual goodwill or is still used by others, using it risks legal trouble even if the registry shows it expired.

If you find someone infringing your registered mark, gather evidence of use and registration, then send a clear cease-and-desist notice or seek help from an IP attorney. For small businesses, monitoring marketplaces and domain registrations helps catch misuse early. In India, enforcement can include civil suits and interim reliefs to stop ongoing infringement.

Practical habits protect your brand: document first use dates, keep copies of marketing materials, renew on time, and watch similar new filings. Trademarks are practical tools — with a few proactive steps you can lock in value, avoid costly fights, and build a stronger brand identity.

If you're unsure, consult an IP lawyer or a local trademark agent. They can fast-check conflicts, advise on classes, and handle filings. A small fee now can save big costs later. Act right now.