Why Checking Trademark Availability is Important?
Building a brand takes effort, creativity, and strategy. However, before launching your brand name or logo, it’s essential to check its trademark availability. In India, trademark registration follows a first-come, first-served basis, meaning if another company already owns the rights to your desired name, you could face legal trouble.
In this guide, we’ll simplify the process of checking trademark availability in India and ensure you can protect your brand without any hassles.
What is a Trademark? Why is It Important?
A trademark is a unique name, symbol, or design that differentiates a business’s products or services from competitors. Think of brands like Nike’s swoosh or McDonald’s golden arches—these symbols are protected by trademarks.
Benefits of Trademark Registration in India:
✔ Legal Protection – Prevents unauthorized use of your brand name.
✔ Brand Recognition – Helps build credibility and customer trust.
✔ Exclusive Rights – Ensures sole ownership across India.
✔ Business Asset – Can be licensed, sold, or franchised.
🚀 Did You Know? India recorded over 450,000 trademark applications in 2023, proving the increasing importance of brand protection.
How to Check Trademark Availability in India (Step-by-Step Guide)
Step 1: Visit the Indian Trademark Database
To check if your desired trademark is available, visit the official Indian Trademark Registry website:
👉 https://ipindia.gov.in/
Step 2: Choose the Right Search Type
You will find two types of searches on the website:
1️⃣ Wordmark Search – Check if the exact brand name is already registered.
2️⃣ Phonetic Search – Identify similar-sounding names (e.g., “Kool” vs. “Cool”).
💡 Pro Tip: Always use both search methods to ensure accuracy.
Step 3: Select the Correct Trademark Class
Trademarks are categorized under 45 different classes based on the type of business.
🔹 Classes 1-34 – Cover physical goods (e.g., clothing, electronics, food products).
🔹 Classes 35-45 – Cover services (e.g., digital marketing, legal consultation, restaurants).
For instance:
✅ If you are starting a clothing brand, check Class 25 (Clothing, Footwear, Headgear).
✅ If you are launching an IT service company, check Class 42 (Technology & Software Services).
🚀 Did You Know? The global brand Zara once filed a lawsuit against “Zara Tapas Bar” in India for using a similar name.
Step 4: Conduct a Search
After selecting the correct trademark class, enter your brand name and click “Search.”
How to Interpret Search Results?
✔ If no similar name appears → Your trademark is likely available.
✔ If a similar name is found → Modify your name slightly or seek legal consultation.
✔ If the status is “Objected” or “Opposed” → The trademark is under dispute and may not be available.
Step 5: Perform Additional Searches
Apart from the official trademark database, conduct extra searches to ensure availability:
🔎 Google Search – Look for businesses already using the name.
🌐 Domain Name Search – Check domain availability (e.g., .com, .in).
🏢 Company Name Search (MCA Portal) – Visit www.mca.gov.in to see if any registered companies have the same name.
🚀 Did You Know? The brand Apple Inc. fought multiple trademark battles, including a dispute with Apple Corps (The Beatles’ record company).
What to Do If Your Trademark is Already Taken?
If your preferred trademark is unavailable, consider the following options:
✅ Modify the Name – Add unique words (e.g., instead of “Green Naturals,” try “GreenNatura”).
✅ Check Other Classes – A name may be taken under Class 30 (Food) but still available under Class 35 (Retail Services).
✅ Negotiate for Rights – If the current owner isn’t using the trademark, you may purchase it.
✅ File an Appeal – If you believe the trademark is unfairly blocking your brand, consult Trademark Registration Consultants for legal assistance.
🚀 Did You Know? The “Cadbury Purple” colour is trademarked, preventing other chocolate brands from using the same shade!
Conclusion: Protect Your Brand with a Trademark Search!
Checking trademark availability is a crucial first step in protecting your brand from legal conflicts. By following this simple guide, you can:
✔ Save time & money on branding.
✔ Avoid trademark infringement issues.
✔ Secure exclusive rights to your brand name.
However, trademark registration is a complex legal process. To avoid future disputes, it’s best to seek expert guidance.
💡 Need professional help?
🔹 Lal Ghai & Associates are expert Trademark Registration Consultants who assist businesses in securing trademarks efficiently.
📞 Contact Us Today for hassle-free trademark registration & legal consultation!
📍 Branches: Ludhiana | Mohali | Gurugram
📞 Call Us: +91 94636 40466
🌐 Visit Our Website: lgassociates.org