How to check if a trademark is available in India
Before you file a new brand name, check that no one has a mark close to it in your classes. Here's how to run a clearance search on the Indian register, and how to read what you find.
Choosing a brand name is exciting. Finding out after launch that someone already owns a similar mark is not. A trademark clearance search before you file tells you whether the name is free to use and register in India, and saves you from objections, oppositions and rebranding later.
This guide walks you through it in five steps, using TM Search in MarkSimpl TM Manager.
Why an exact-name search isn't enough
The Registry and the courts don't only ask "is it the same name?". They ask whether people could confuse the two marks. That includes marks that:
- look alike: a letter or two different (Zentro and Zentra);
- sound alike: spelt differently, said the same (Kwik and Quick);
- contain your name, or are contained in it;
- mean the same, including in translation;
- are used for related goods or services, even in a different class.
So a good clearance search looks wider than the exact name.
Step 1: Know your classes
Every trademark is filed in one or more of 45 classes of goods and services. Clothing is class 25, restaurants are class 43, software is class 9 and so on. Write down the classes you plan to file in, and the ones next to them. A coffee brand, for example, should look at class 30 (coffee) and class 43 (cafés).
Marks filed in several classes are recorded as class 99 on the Indian register. TM Manager shows their real classes beside them (for example 99 · 24, 25, 35), so include 99 in your class filter to see them.
Step 2: Search the word mark
Open TM Search, choose Word mark and type your proposed name. Results come back closest first: the same name, near spellings, the words joined or split, and sound-alikes. Filter by your classes.
Step 3: Check the logo, owner and goods
- Logo: upload your logo to find marks with a similar design.
- Class details: search the goods you'll sell (for example
coffee) to see who is active in that space. - Proprietor: if a competitor keeps showing up, search their name to see their full portfolio.
Step 4: Judge the risk
Not every result is a problem. For each close mark, ask:
| Question | Higher risk | Lower risk |
|---|---|---|
| How close is it? | same or near-identical, same sound | shares only a common word |
| Same or related goods? | same class or related goods | unrelated goods |
| What's its status? | registered, or pending | abandoned, refused, removed |
| Is it well known? | a famous brand | a small, local mark |
Step 5: Keep a shortlist and report
Open a search file for the job, star the marks that matter, set a risk (High, Medium or Low) and add a note on each. Then download a report: a clean PDF for your client or management, or an Excel sheet with every detail.
After you file
Clearance isn't a one-time job. Once your application is in, add it to your portfolio and TM Manager will watch the Trade Marks Journal for similar marks filed after yours.
Related
- Search the trademark register: every search option in TM Search.
- How to oppose a trademark in India.
Updated about 5 hours ago