A trademark is a unique identity of your business. It can be a name, logo, word, or slogan. People can easily recognize your product or service through it.
A strong trademark is important as it makes your brand distinguishable. But many people do not check whether it is already available before filing a trademark.
This can cause problems. Your application can be rejected. There can also be legal troubles. Again, time and money are also wasted.
In this article, we will explain how to check trademark availability in India step by step, so that you can easily understand and proceed ahead with trademark registration with a positive outlook.
What is a Trademark?
A trademark is a sign that makes your business different from others. It can be a name, word, logo, design, or slogan.
A trademark is the identity of your brand. When someone sees a name or logo, they can recognize your product or brand.
Trademark rules in India are governed by the Trademarks Act, 1999. These are protected by this act. Registered trademarks get legal protection. But sometimes unregistered trademarks can also get some rights when they are used in the market.
Why is Checking Trademark Availability Important?
Checking trademark availability is very important. You can avoid many problems in advance by checking the trademarks.
Importance of checking trademarks:
Legal problems can be avoided: Having the same or similar trademarks can cause trouble later.
Less rejection of applications: If you check in advance, you will not apply for the wrong trademark.
Saves time and money: Once rejected, you have to do it again. This increases the cost.
Brands are different: People remember the name easily if it is unique.
Fewer problems in the future: There is no confusion with someone else later.
Read more – What are the Penalties for Trademark Infringement in India?
Where to Check Trademark Availability in India?
There is a government website to check trademarks in India. Its name is the IP India Public Search portal. It is absolutely free. Anyone can use this tool.
You can see all the registered and pending trademarks on this website. So, you can easily understand whether your name is already available or not.
Using this government portal is the best way to get accurate information.
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Types of Trademarks Searches You Can Perform
There are three types of trademark searches. Each one has a different function, so it is important to understand all of them.
Wordmark Search:
This is the most common search. You can check a name or word, then use it. For example, it is useful to know if your brand name is already in use or not.
Phonetic Search:
This search is very important. Here you can find names that sound similar, like “Kool” and “Cool” are written differently but sound the same.
Vienna Code Search:
This is used for logos or signs. If your trademark has any design or symbol, then you need to do this search.
Step-by-Step Process to Check Trademark Availability
It is crucial to check trademark availability. Although it is not very difficult. You can easily do it by following the steps below-
Step 1: Visit the IP India Website
First, you must go to the official website of IP India. There will be a “Public Search” option. You can go to the trademark search page just by clicking on it.
Step 2: Choose the Search Type
Then you have to choose the search type. You can choose any of these three: Wordmark, Phonetic, or Vienna Code. Wordmarks and phonetics are used for names.
Step 3: Enter Trademark Details
Now enter the name or keyword of your trademark. It is better to search not only once but also with several variations.
You can use the “Starts With,” “Contains,” or “Match With” options. This will give you better results.
Step 4: Select the Correct Class
Then you have to select the correct class. Trademarks in India are divided into 45 classes. These are called Nice Classification.
For example:
- Trademark Class 25 – Apparel
- Trademark Class 41 – Education and Training
Choose the class according to the type of business.
Step 5: Perform the Search
After providing all the information, click on the “Search” button. Then you will see different results.
Step 6: Analyze Results
Look at the results carefully. Check if there are any similar or identical names. Also, check the status of the trademark, such as:
| Status | Meaning |
| Registered | Already registered |
| Objected | Objection raised |
| Opposed | Challenged by third party |
| Abandoned | No longer active |
Read more – Trademark Objection vs Rejection: Key Differences, Legal Implications and How to Respond
Key Tips for Effective Trademark Search
It is very important to remember some simple things for trademark search. This reduces the chances of mistakes. So, let’s check the important things below-
- Always do a phonetic search, because many names sound similar.
- Not only search in one class, but also in classes close to the correct class.
- Search with different spellings of your name.
- Search again with small changes, such as spelling changes.
- Please review the status of each result thoroughly.
- Search not only on government sites but also on Google and social media.
- It is also important to do a logo search for any logos.
You should search slowly and take your time to get excellent results.
Important Factors to Consider Before Finalizing a Trademark
It is very important to consider some things before finalizing a trademark. This will reduce problems later. So, let’s check the important things before finalizing the trademark-
- Choose the right class for your business.
- Not only do you look for the same name, but also for similar names.
- Additionally, be mindful of unregistered names currently in use in the market.
- It is better not to take a very common or descriptive name.
- Choose an unforgettable name to remember.
- Your trademark should be a little different and unique.
- Consider whether the name can be used if you do business abroad in the future.
- Choose an uncomplicated and clear name. It helps people to remember easily.
Common Mistakes to Avoid
Many people make common mistakes when searching for trademarks. These should be avoided.
- It is not appropriate to search for exact names.
- Failing to find a phonetic match is a big mistake.
- Just searching in a class is not enough.
- Even if there is a logo, you should search for it.
- Not finding it does not mean that the name is completely safe.
- It is not right to stop searching once.
- It is risky to see if it is being used elsewhere.
These small mistakes can create big problems later. So, it is better to be careful in advance.
What to Do After Checking Trademark Availability?
If no issues are found after searching for a trademark, then the next step should be started.
- If there is no match, then proceed to file the trademark.
- You can apply yourself through the government portal.
- You can also take the help of an expert if you like.
- Your trademark will go through the examination process after applying.
- It is published in the Trademark Journal.
- If no one objects, then the trademark is registered.
- Remember, India follows the first-to-file rule.
So, it is better to file as soon as possible without delay.
How Can Corpbiz Help You?
Corpbiz is a well-known professional service provider that makes trademarks and other legal work easy. Let’s check our services:
- Trademark search and analysis are done so that you can make the right decision.
- Trademark registration handles the entire process.
- We help in handling TM objections and trademark oppositions if there is any problem.
- We also help with company registration, compliance, certification, and IP services.
Conclusion
Checking trademark availability is a very important step. It can lead to many problems in the future. Checking in advance can help you avoid legal troubles. At the same time, it saves time and money.
A unique and clear trademark is very important for your business. So, you should search well before filing. If you want to make the whole process easy, then you can take the help of Corpbiz. We will guide you properly and make trademark registration easy.
If you start right, your brand will be stronger in the future.
Helpful Questions About Trademark Availability Before Filing in India
What is a trademark availability search?
A trademark availability search means that you are checking first whether someone is already using the name you have chosen. If the same name or a similar name is already there, then there may be a problem. So, it is better to do a little research first. This will reduce the hassle later, and you do not have to apply repeatedly.
How can I check trademark availability in India?
Checking a trademark in India is not very difficult. You can go to the IP India website and type in the name. You can start with these two words: “wordmark” or “phonetic.” It is better to search not once, but a few times in different ways. This will help you understand whether the name is already there or not.
Is trademark search free in India?
Yes, a trademark search is completely free. You do not have to pay separately for it. The government has provided this facility. You can check it from home using your mobile or laptop. So, it is better to check it once before filing. This reduces the risk of wasting money later.
What is the IP India Public Search portal?
The IP India Public Search portal is a government website. It contains all the trademark information, like if the name is already used or not. You can search for your own name. It is a simple tool, but if used correctly, it works well.
What are trademark classes in India?
Trademarks in India are divided into 45 different classes. Each class is for a different purpose. For example, clothing is in one class, and education is in another class. So, you have to choose a class according to your work. It may seem a little confusing at first, but once you understand it, it becomes easy.
Why is phonetic search important?
Phonetic searching is very important. Many times, names are written differently but sound the same. For example, “Lite” and “Light”. If you only look at the spelling, you will make a mistake. So, a phonetic search will catch the real match. If you don’t do this, it can be a problem later.
Can I register a trademark like an existing one?
No, usually the same or very similar names cannot be registered. This can confuse people. However, if the work is different, then there may be little chance. But there is a risk. So, it is better to take a completely different name. If there is a problem later, it is difficult to handle.
Should I check unregistered trademarks as well?
Yes, many people forget this. Not only registered names, but also unregistered names need to be checked. Many people use names, but do not register them. Still, they have some rights. So, it is better to search a little on Google, Facebook, etc. This will keep you safe.
Do I need professional help with a trademark search?
You can search for yourself, but it's not always clear, especially if there are similarities. Then there is a little confusion. So, it's good to have expert help. They can guide you in the entire process. You can contact expats like Corpbiz; we can help you in the entire process easily.
Read more – Logo vs Wordmark Confusion: Which Trademark Should You Register?
