Step 1: pick your classes
Trademarks are registered by class under the international (Nice) classification: classes 1 to 34 cover goods and 35 to 45 cover services. A mark is protected in the classes it is registered in, so the same word can belong to different owners in unrelated classes.
List what you sell now and plan to sell soon. A clothing brand looks at class 25; a software business at 9 and 42; a restaurant at 43; a retail business at 35. Searching only one class can miss a conflict in a closely related one.
Step 2: search the IP India register
- Wordmark search: the exact word in your classes, using "starts with", "contains" and "match with" options. Registered, pending and objected applications all matter.
- Phonetic search: marks that sound the same, such as Kwikly and Quickly. The Registry treats phonetic similarity as a real conflict.
- Logo search: for a device mark, search by Vienna classification code for similar images.
- Status of hits: open each similar result. A mark that is abandoned or refused is less of a risk; one that is registered or opposed by its owner is a serious one.
The public search is free on the IP India website. It is good for spotting obvious conflicts, but judging whether a similar mark is close enough to cause an objection needs experience.
Step 3: check beyond the register
- Company and LLP names on the MCA portal. A conflict there will also block your company name.
- Domains and social handles you need for the brand.
- Marketplaces and search engines, for unregistered businesses already using the name. Prior use can defeat a later registration.
Red flags that usually mean choose another name
- An identical or near-identical mark registered in your class or a related one
- A famous brand, even in a different class; well-known marks are protected across classes
- A purely descriptive name, such as "Best Plumbing", which the Registry objects to under section 9 whatever the search shows
- A geographical name or a common surname on its own
After the search: file early
An earlier application takes precedence over a later one at the Registry, so file as soon as the search is clear. You can use the ™ symbol once you have applied; ® only after registration. The IP India fee is ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 for others. If the examiner raises an objection, see replying to a trademark examination report. For how trademarks differ from copyright and patents, see trademark vs copyright vs patent.
Talk to Regikart
We run the word, phonetic and logo searches, advise on the risk and the classes, and file your application. Trademark registration starts from ₹2,499 per class plus the IP India fee.
Frequently asked questions
How do I check if a trademark is available in India?
Search the IP India public trademark register in each class you need, for the exact word, similar-sounding words and, for logos, similar devices. Then check MCA company names, domains and marketplaces for unregistered users.
Is the trademark search free?
Yes. The IP India public search is free. A professional search adds judgement about whether similar marks are likely to cause an objection.
Can two businesses have the same trademark?
Yes, in unrelated classes, where there is no likelihood of confusion. A well-known mark is protected across classes.
How many classes should I file in?
Every class covering what you sell now or plan to sell soon. Each class is a separate fee.
Does a clean search guarantee registration?
No. The examiner can still object, for example if the mark is descriptive, and another party can oppose after it is advertised. A good search reduces those risks.
About the author
Regikart CS Team
Company Secretaries at Regikart. Want to discuss this in the context of your business?
