New Mandatory Step in Trademark Filing: AI/ML Public Search Now Required

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The Indian Trademark Registry has made a notable change to the trademark application process. From now on, anyone filing a trademark using the TM-A form must confirm whether they’ve conducted a public search using the AI/ML-based Trademark Search Tool.

This is a simple checkbox in the application form, but it encourages applicants to take one very important step seriously checking if the trademark is already taken.

What Exactly Has Changed?

When you file a trademark application online through the TM-A form, you’ll now see a new checkbox asking:

“I have searched the applied trademark using AI/ML based Public Search.”

You’ll have to select either Yes or No before proceeding with the application. The idea behind this is simple: make applicants pause and check if their trademark already exists or is too similar to an existing one.

Why This Step Matters?

Many applications get rejected simply because the applied trademark is identical or too similar to an existing one. People who file without checking often end up wasting time, money, and effort.

By making this checkbox part of the form, the Registry is encouraging applicants to:

  • Do a basic clearance check using the AI/ML tool

  • Avoid filing marks that are already registered or in conflict

  • Reduce unnecessary objections and oppositions later

It also helps the Registry by cutting down on duplicate or frivolous applications, making the whole system more efficient.

The Tool is Useful — But Not a Replacement for Legal Advice

The AI/ML-based public search tool is a helpful addition, especially for individual applicants or startups who don’t have legal teams. It gives a basic idea of whether a mark is available.

However, trademark law involves more than just exact matches. There can be issues related to:

  • Phonetic similarity (sound-alike names)

  • Visual similarity (logos that look alike)

  • Similarity across different classes of goods/services

These are things the tool might miss which is why it's still important to consult a Trademark Attorney or Trademark Advocate.

Why You Should Still Talk to a Trademark Expert?

Even with the AI tool, an experienced professional can:

  • Do a more detailed and accurate trademark search

  • File your application correctly, under the right class

  • Handle objections or oppositions, if they come up

  • Help you build a long-term strategy to protect your brand even internationally

So, think of the AI tool as your first check and a professional as your safety net.

Final Thoughts

This new step in the trademark filing process might look small, but it actually makes a lot of sense. Just by asking applicants whether they’ve done a simple search, it pushes people to be a bit more careful and that’s a good thing. Too often, people file trademarks without checking what’s already out there. Then later, they run into objections or legal trouble that could’ve been avoided. This update is a reminder take a few minutes, do the search, and know what you’re getting into. Of course, tools are great, but they can’t catch everything. If you’re serious about your brand, it’s always worth getting proper advice before filing. It’s not just about getting the trademark it’s about protecting it long-term. 

Frequently Asked Questions (FAQs)

Q1. What is the new AI/ML-based public search requirement in trademark filing?

Ans. The Indian Trademark Registry now requires applicants to confirm if they have used the AI/ML-based public search tool to check for existing trademarks before filing the TM-A application. This is done through a new checkbox in the form.

Q2. Why do I need to use the AI/ML public search tool before filing a trademark?

Ans. Using this tool helps you check whether your proposed trademark is already registered or too similar to existing ones. It reduces the chances of your application being rejected or objected to later.

Q3. Is the AI/ML public search tool a replacement for legal advice?

Ans. No, it’s a helpful first step but not a substitute for expert legal advice. The tool may not catch all similarities, especially phonetic or visual ones. Consulting a trademark professional is still recommended.

Q4. What happens if I select “No” in the AI/ML search checkbox?

Ans. You can still file your application, but it means you haven’t done the recommended preliminary check. This may increase the risk of objections or rejection later.

Q5. Can I file a trademark application without using the AI/ML search tool?

Ans. Technically yes, but it’s strongly advised to use the tool to avoid unnecessary problems. The Registry added this step to encourage responsible filing.

Q6. Where can I access the AI/ML-based public search tool?

Ans. The tool is available on the official Indian Trademark Registry website as part of their trademark search services.

Q7. Do I still need a trademark lawyer or agent if I use the AI/ML search tool?

Ans. Yes, because trademark law involves complexities that the AI tool can’t fully analyse. A professional can help with detailed searches, application filing, and handling objections.

Q8. How will this new step benefit the trademark registration process?

Ans. Trademark registration process helps reduce duplicate applications and speeds up the examination process, making it more efficient for both applicants and the Registry.

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