Common Law Search

Comprehensive pre-launch searches to uncover hidden risks before you adopt a new brand, mark or business name.

BrandProCare conducts detailed common law searches to help businesses identify prior users of identical or similar names, marks and domains that may not appear in the official trademark registry. This ensures that your new product, brand, business or domain is launched on a legally safer and commercially sound foundation.

A common law search goes beyond the IP India database to uncover unregistered but actively used marks that could pose serious conflict risks. Without this step, enterprises may invest heavily in branding, packaging, marketing and domain acquisition, only to later face objections, legal notices or rebranding costs. BrandProCare helps you avoid such surprises by identifying potential conflicts in advance.

Our pre-launch brand and trademark common law searches are recommended before adopting a new brand name, logo, product line, company name or domain. We aim to detect any identical or confusingly similar names being used in the market, even if they are not registered as trademarks.

Our search process covers government and regulatory databases, trademark databases, company and LLP records, news archives, WHOIS and domain databases, business and telephone directories, public and legal records, industry-specific directories, financial records and general internet searches. This multi-layered approach delivers a clearer picture of existing use and potential risk.

Our risk assessment and recommendation reports summarise the findings in a practical format highlighting any conflicts, level of similarity, nature of goods/services involved, geographical presence and potential legal exposure. We also provide suggestions on whether to proceed, modify, or reconsider the proposed mark.

BrandProCare’s common law search reports are designed to support your branding, legal and marketing teams in taking informed decisions, reducing the likelihood of confusion among customers and minimising the risk of infringement claims.

Our reports provide a 360-degree view of real-world usage by covering:

  • Trademark Registry Search: Identical, similar and phonetically related marks across relevant classes.
  • Internet & Domain Search: Websites, domains, blogs and online mentions that may indicate prior use.
  • ROC / Company Name Search: Existing company names, LLPs and corporate filings that may conflict with your proposed brand.
  • Social Media Audit: Handles, usernames, pages and content across major platforms to identify active or dormant brand usage.
  • E-commerce Scan: Listings on top marketplaces to detect sellers or products using identical or confusingly similar names.
  • Tax & Business Filings: GST details, trade licences or business registrations that reflect commercial activity under the mark.

Frequently Asked Questions

1. How is a common law search different from a regular trademark search?

A regular search usually checks registered and applied-for trademarks, whereas a common law search looks for unregistered yet actively used marks across multiple public and online sources.

Before finalising any new brand name, logo, product name, business name or domain, and ideally before filing a trademark application or making substantial marketing investments.

Yes. Even if the registry is clear, someone may still be using a similar mark without registration. Such use can still create legal and commercial risks.

You will receive details of potentially conflicting marks or names, their users, nature of use, goods/services involved, online/offline presence, and our initial risk observations.

Absolutely. The report provides factual groundwork your legal team can use to decide whether to proceed, tweak the mark or adopt a different branding strategy.

Get Started On Your IP Protection Journey With Us.

Anil Kumar

Office Co-ordinator

Anil is our go-to person on the road — someone who knows every nook and corner of the city. With his calm attitude and dependable nature, he ensures smooth travel, timely deliveries, and seamless coordination across locations. He’s the silent backbone of our day-to-day operations.

Stanley

Senior Investigator

Stanley brings 20+ years of diversified experience in brand protection and enforcement operations. Known for his patience, clarity of thought, and immaculate documentation skills, he is the go-to person when a case needs both precision and practical wisdom. His steady nature and ethical approach set high standards for the entire team. Whether it’s a complex enforcement operation or a sensitive market inquiry, Stanley handles it with unmatched professionalism.

Education: Graduate
Hobbies: Reading, community service, and spending quiet evenings with family.

Sandeep Beniwal

Accountant

Sandeep is the money man of our firm — accurate, organised, and always on top of every number. From keeping our accounts flawless to ensuring timely payments and financial discipline, he brings reliability and clarity to our financial operations. His steady approach keeps everything running effortlessly.

Divanshu Luthra

Research Analyst & Report Writer

With two years of experience in the brand protection and IP investigation industry, Divanshu brings a sharp analytical approach and a research-driven mindset to BrandProCare. He is skilled at identifying infringement issues, preparing clear and detailed case reports, and presenting information in a way that helps clients make informed decisions. His curiosity, discipline, and ability to understand new trends make him an integral part of the company’s growing investigative framework.

Education: BBA, MBA (Retail Management)

Hobbies: Listening to old music, studying new innovations, and exploring socio-political subjects from a strong nationalist perspective

Surinder Kumar

Senior Investigator

With over 25 years of experience in the brand protection and IP investigation industry, Suriender is a dedicated, disciplined, and courageous senior investigator who has been with us since the inception of our firm. Known as the “Mr. Dependable” of our team, he is always ready to take on new challenges and still works with a child-like enthusiasm that inspires everyone around him.

Education: B.A (Hons)
Hobbies: Photography, Watching News