Trademark Availability in India - KLS Advisors

Introduction

Before you invest time and money into building a brand, there’s one critical step you cannot skip—checking trademark availability in India.

Many businesses face rejection or legal disputes simply because their brand name is already registered or too similar to an existing one. A proper trademark search helps you avoid these risks and ensures a smooth registration process under the Trade Marks Act, 1999.

In this complete guide, you’ll learn:

• How to check trademark availability in India
• Step-by-step search process
• Types of trademark searches
• Common mistakes to avoid
• Pro tips for approval

What is Trademark Availability?

Trademark availability means your proposed brand name, logo, or slogan is:

• Not already registered
• Not deceptively similar to existing trademarks
• Eligible for registration under Indian law

👉 Even a similar-sounding name can lead to rejection.

Why Checking Trademark Availability is Important

Skipping this step can lead to:

• ❌ Application rejection
• ❌ Legal objections
• ❌ Trademark infringement issues
• ❌ Loss of branding investment

Benefits of a Proper Search:

✔ Saves time and money
✔ Reduces rejection chances
✔ Ensures brand uniqueness
✔ Smooth registration process

Types of Trademark Searches in India

Before applying, you should understand the different types of searches:

1. Wordmark Search

Search for brand names or text-based trademarks.

2. Phonetic Search

Checks for similar-sounding names (e.g., “Kool” vs “Cool”).

3. Device Mark Search

Used for logos or symbols.

4. Vienna Code Search

For image/logo classification.

Step-by-Step Guide to Check Trademark Availability in India

Follow these steps carefully:

Step 1: Visit the Official Trademark Website

Go to the official portal of the Controller General of Patents, Designs & Trade Marks.

👉 This is the government database for all registered and applied trademarks in India.

Step 2: Open Trademark Public Search Tool

• Click on “Public Search”
• You will be redirected to the trademark search page

Step 3: Choose Search Type

You’ll see three options:

• Wordmark
• Vienna Code
• Phonetic

👉 For beginners, select Wordmark.

Step 4: Enter Your Brand Name

• Type your proposed trademark
• Use variations (e.g., different spellings)

Example:
If your brand is “TechNova,” also search:

• Tech Nova
• Teknova
• TechnoVa

Step 5: Select Class

Trademarks are categorized into 45 classes.

Examples:

• Class 25 → Clothing
• Class 35 → Business services
• Class 9 → Software

👉 Choose the correct class based on your business activity.

Step 6: Click Search

• Click on “Search”
• The system will display results

Step 7: Analyze Results

Check the following:

• Identical names
• Similar spellings
• Phonetically similar marks
• Status (Registered / Objected / Abandoned)

👉 Even “Objected” marks can create issues.

Understanding Trademark Status

Here’s what different statuses mean:

• Registered → Already protected (avoid using)
• Objected → Under review (risky)
• Abandoned → Not active (may be usable with caution)
• Opposed → Legal dispute ongoing
• Removed → No longer valid

How to Know if Your Trademark is Available

Your trademark is likely available if:

✔ No identical mark exists
✔ No similar-sounding mark in same class
✔ No conflicting logo or device mark
✔ It is unique and distinctive

Tips for Accurate Trademark Search

✔ Use Multiple Variations

Search different spellings and combinations.

✔ Check Phonetic Similarity

Sounds matter as much as spelling.

✔ Search in Relevant Classes

Avoid conflicts in your industry.

✔ Review Carefully

Don’t ignore similar marks.

Common Mistakes to Avoid

❌ Searching only exact name
❌ Ignoring phonetic matches
❌ Choosing wrong class
❌ Overlooking similar logos
❌ Assuming abandoned marks are safe

What to Do if Your Trademark is Not Available

If your name is already taken:

Option 1: Modify the Name

• Add unique words
• Change spelling creatively

Option 2: Choose a New Brand Name

• Prefer distinctive and invented words

Option 3: Consult a Trademark Expert

• Get professional opinion before filing

Can You Check Trademark Availability for Free?

Yes! The government provides a free online trademark search tool.

👉 However, professional search gives:

• Deeper analysis
• Risk assessment
• Legal opinion

Importance of Trademark Class Selection

Wrong class = wasted application + money.

Example:

• Clothing brand → Class 25
• Digital marketing agency → Class 35
• Mobile app → Class 9

👉 Always select correct class to avoid rejection.

Professional Trademark Search vs DIY

DIY Search:

✔ Free
✔ Quick

❌ Limited understanding
❌ Higher risk

Professional Search:

✔ Detailed analysis
✔ Legal opinion
✔ Lower rejection risk

❌ Paid service

What Happens After Trademark Search?

Once your trademark is available:

1. File trademark application
2. Get ™ symbol usage rights
3. Wait for examination
4. Respond to objections (if any)
5. Get ® after registration

Timeline After Trademark Search

• Filing: Immediate
• Examination: 1–3 months
• Registration: 6–12 months

FAQs on Trademark Availability

1. Is trademark search mandatory?

Not legally, but highly recommended.

2. Can similar names be registered?

Usually no, if they cause confusion.

3. How many classes should I search?

At least your primary business class.

4. Can I register a logo and name separately?

Yes, both can be registered individually.

5. What if no results are found?

Good sign, but still verify thoroughly.

6. Is phonetic search important?

Yes, very important to avoid rejection.

7. Can I use a name before registration?

Yes, but at your own risk.

Conclusion

Checking trademark availability is the first and most crucial step in protecting your brand. A proper search ensures:

• Smooth registration
• Legal safety
• Strong brand identity

By using the official database of the Controller General of Patents, Designs & Trade Marks, you can confidently verify your brand name before applying.

Checking trademark availability is the first and most crucial step in protecting your brand.

If you want expert assistance with trademark search or registration, you can connect with KLS Advisors (klsadvisors.in) for end-to-end support.

👉 Always remember: A unique trademark today saves legal trouble tomorrow.