How to check a brand name's availability for Trademark Registration in India

Brand names can be protected by its owners with the help of Trademark Registration in India. But to get a trademark registration, it should meet its most important criteria – It should not be registered to somebody else already! Now, the next question comes into picture and is the first step in getting your trademark registered – checking its availability for trademark registration.

The Registrar of Trademarks has provided with an open access to its database. Anybody can access this database and check the availability of his brand name for registration. This database also plays an important role for finalizing a brand name to begin with. It is very important that every entrepreneur or business check the availability of a brand name before deciding to use it in the market. It can save up on all the investment made by you on a particular brand name and finding out that it belongs to someone else already! That would be the worst start to your business!

Now, even though the database is open access, it is not that easy to assure that your brand name will be guaranteed registration through the result provided by the same database. The Trade Marks Act provides for many conditions which, even though there does not exist an exact match brand name to yours in the database, will provide you with a trademark registration certificate.

Also, there are a few different ways in which you are allowed to check for the availability, so which one is the right one? And, the database can show you a result of numerous applications which is just impossible to check and ascertain a conclusion.

Why is Trademark Search Important?

Doing a trademark search before you register your brand name, logo, or slogan is one of the smartest steps for any business. Let us discuss the importance of trademark search:

Avoid Legal Trouble

If you start using a brand name or logo that’s already registered by someone else, they can take legal action against you. This may lead to trademark infringement cases, business loss, or rebranding. A proper trademark search helps avoid such risks.

Saves Time and Money

Imagine printing packaging, creating a website, and promoting your brand, only to later find out the name is already taken. You will have to change everything, which can be costly and time-consuming. A simple search in the beginning avoids this headache.

Increases Chances of Approval

The Indian Trade Marks Registry may reject your application if your proposed trademark is already in use or too similar to an existing one. A trademark search reduces the chances of rejection and makes the registration process smoother.

Helps Create a Unique Brand Identity

Your brand name and logo help people recognise and remember you. A search ensures you are choosing something unique that sets you apart from competitors, instead of confusing customers with a similar-looking or sounding name.

Gives Legal Protection

Once your trademark is registered, it becomes legally yours. But to reach that stage, your trademark must be available. A search confirms this and clears the path for official protection under the Trade Marks Act, 1999.

Builds Business Confidence

Knowing that your brand name or logo is truly yours helps you confidently market your product or service without worrying about disputes in the future.

Procedure for Trademark search in India.

Let me help you out with the most reliable way to use the open database and check the availability online instantly. You can always reach out to us by filing the form on this page – Trademark Search

Here is the link to the open access database provided by the registrar.

The page will look like this when it loads.

Step 1: Enter your Email or Mobile Number.

Step 2: Evaluate the expression and enter the captcha

Step 3: Click on send OTP.

Once you receive the OTP on your Email or Mobile Number, enter the OTP.

You will be redirected to the next page.

This page has 3 main sections. They are – Search Type - Wordmark, Vienna Code and Phonetic.

Wordmark Search

Step 1: Choose the search type as – Wordmark. The most common search type.

Step 2: Select the “Contains” option in front of the workmark section. Enter the brandname of your proposed trademark to find identical or near-identical wordmarks in the registry.

Step 3: Input the class number in Class section.

If you are not aware of your class number then check it on the link provided here – Trademark Classes. Let's check the search report for a random brand name – Certis – in class 45.

Step 4: Evaluate the expression and enter the captcha and then click on search.

After making the data inputs as mentioned above, the page should look like this:

Once you click on search you will get the search report and all the similar brand names will appear in the report. So, to make it easy, just press Ctrl+F and let the Find bar open. Now, input the brand name in it, but do it one letter at a time. With the help of the existing search report you can decide the availability of your brand name.

It is very difficult to go through all those applications. So, to make it easy, just press Ctrl+F and let the Find bar open. Now, input the brand name in it, but do it one letter at a time. With the help of the existing search report you can decide the availability of your brand name.

Phonetic Search

Searches for marks that sound similar to your query, regardless of spelling. This is particularly important in India where trademarks in multiple languages and scripts may have similar pronunciations. Best for identifying marks that sound like yours but are spelled differently.

Example: Searching for "FONE" would also return results for "PHONE," "FON," and similar-sounding marks.

Step 1: Choose the search type as – Phonetic.

Step 2: Enter the brandname of your proposed trademark to find identical or near-identical phonetic words in the registry.

Step 3: Input the class number in Class section.

If you are not aware of your class number then check it on the link provided here – Trademark Classes. Let's check the search report for a random brand name – Certis – in class 45.

Step 4: Evaluate the expression and enter the captcha and then click on search.

After making the data inputs as mentioned above, the page should look like this:

Once you click on search you will get the search report and brand names with similar phonetic sound will appear in the report. With the help of the existing search report you can decide the availability of your brand name.

It is very difficult to go through all those applications. So, to make it easy, just press Ctrl+F and let the Find bar open. Now, input the brand name in it, but do it one letter at a time. With the help of the existing search report you can decide the availability of your brand name.

As per our experience, this method works most of the time to find the availability of the brand name for trademark. For any queries and assistance please contact us. We will help you out with this procedure for Free as our introductory service.

Wordmark Search vs Phonetic Search

How Law Certis Consulting Can Help

Trademark searches can be overwhelming due to the sheer number of applications. At Law Certis Consulting, we simplify the process by:

• Conducting thorough Wordmark and Phonetic searches.

• Advising on the right trademark class for your business.

• Helping interpret search results to avoid future disputes.

• Offering free introductory assistance for entrepreneurs starting their journey.