Before launching a business or registering a brand, one of the most important steps you must take is ensuring your trademark is available. Without confirming availability, your trademark application could be rejected or, worse, lead to legal disputes. In this detailed guide by Corpmate, we’ll explain how to check trademark availability in India before registering your brand.
What is a Trademark?
A trademark is a unique word, symbol, phrase, or logo that identifies your brand’s goods or services and distinguishes it from others. It is a valuable asset that helps build customer recognition and trust.
Registering a trademark offers legal protection and gives you the exclusive right to use it in your chosen class of goods or services.
Why is Checking Trademark Availability Important?
Trademark availability checks are essential because:
- They prevent duplication or infringement of existing marks.
- They ensure smooth registration without objections or oppositions.
- They protect your business from legal conflicts and financial loss.
- They help in building a unique brand identity.
If you skip this step, your application may be rejected, or you may unknowingly infringe on another entity’s rights.
Step-by-Step Guide to Check Trademark Availability in India
Let’s walk through the exact process of conducting a trademark search before registration:
Step 1: Visit the Official Trademark Search Portal
The Indian Trademark Registry provides a free online tool to conduct trademark searches.
Visit:
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
This portal is managed by the Controller General of Patents, Designs, and Trademarks, Government of India.
Step 2: Select the Search Type
You’ll be asked to choose one of the following:
- Wordmark – For name/brand text
- Phonetic – For similar-sounding names
- Vienna Code – For logo/image-based marks
For most businesses checking name availability, Wordmark is the right option.
Step 3: Enter Your Proposed Trademark Name
In the “Wordmark” field:
- Enter your desired brand or product name.
- Select the search type as “Starts With” or “Contains” to broaden your results.
This will help you identify potential conflicts with existing or pending trademarks.
Step 4: Select the Appropriate Class
Trademarks are divided into 45 classes based on the type of goods or services. For example:
- Class 3 – Beauty and cosmetics
- Class 25 – Apparel and fashion
- Class 41 – Education and training services
If you’re unsure which class applies to your business, Corpmate can help you determine the correct class.
Step 5: Analyze the Search Results
After clicking “Search”, you’ll get a list of registered or applied trademarks that match or resemble your input.
Key things to check:
- Similarity in name or spelling
- Status of the trademark (e.g., Registered, Objected, Abandoned)
- Owner details
- Class and description of services/products
If you find a trademark that is very similar, it’s a sign you should consider a more unique name.
Did You Know?
- Over 3 lakh trademark applications are filed in India every year.
- Trademarks that sound similar (e.g., “Qwik” and “Quick”) can still lead to rejection.
- Using a name already in “abandoned” status may still pose a risk if re-applied by the original owner.
Advanced Trademark Search Tips
- Check multiple spellings or variants (e.g., “Color” vs “Colour”)
- Use phonetic search for sound-alike names
- Do a search in multiple relevant classes if your business spans across services
- Use an expert to analyze the results from a legal and branding point of view
Common Mistakes to Avoid
- Assuming availability based on domain name or social media handles
- Not performing phonetic or class-wide searches
- Overlooking abandoned or objected trademarks
- Relying solely on exact-match searches
These mistakes can delay or block your registration, or worse, lead to litigation.
Legal Consequences of Not Checking Trademark Availability
Registering a trademark that conflicts with an existing one can result in:
- Legal notices or lawsuits
- Application rejection by the registry
- Damage to brand reputation
- Loss of investment in packaging, branding, and marketing
How Corpmate Helps You Check Trademark Availability
At Corpmate, we provide expert trademark search and legal consulting services to help businesses:
- Accurately search and interpret availability
- Choose the correct class(es)
- Avoid costly objections or oppositions
- Get end-to-end support for filing and registration
We also help you modify or rebrand your name strategically if a conflict is found, ensuring smooth registration.
Next Steps After a Successful Trademark Search
If your trademark is available, here’s what to do next:
- Proceed with trademark registration
- File an application with the Indian Trademark Registry
- Monitor for any objections or third-party oppositions
- Use the ® symbol only after official registration
Did You Know?
- You can use the ™ symbol immediately after filing your trademark application.
- Only after successful trademark registration are you legally allowed to use the ® symbol.
- A registered trademark in India is valid for 10 years and can be renewed indefinitely.
Final Thoughts
Checking trademark availability is a non-negotiable step in the brand registration process. It safeguards your business, prevents legal disputes, and ensures your brand stands out. With professional guidance from Corpmate, you can confidently choose and register a name that reflects your identity and is legally protected.
If you need help with trademark search, selection, or registration, our team is ready to assist with fast, reliable, and affordable services. Feel free to contact us.