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Trademark Search in India: How to Check a Brand Name Before You File

Most objections and oppositions were visible in the register before the application was filed. A proper search takes an hour and costs nothing; skipping it costs a government fee and a year. Here is how to do it, and what it cannot tell you.

The Trade Marks Registry publishes every pending and registered mark in a free public database. The examiner who reads your application will search it. So will the owner of any similar mark, four months later, when yours is advertised. Searching it yourself first is the cheapest step in the whole process, and the one most often skipped by services that charge ₹2,000 to file.

What a search is for. Not to prove the name is free, which no search can do, but to find the conflicts that would cost you an objection or an opposition, while changing the name still costs nothing.

Where to search

The public search is at tmrsearch.ipindia.gov.in/tmrpublicsearch. No login is needed. It has three modes, and a thorough search uses all three.

1. Wordmark search

Finds marks containing the letters you enter. Choose the match type carefully:

Enter the class to narrow results, then repeat with the class field empty to see the whole register. Search each distinctive word of the name separately as well as the name as a whole. If the name is two words, search both orders.

2. Phonetic search

Finds marks that sound like your term regardless of spelling. This is the search that matters most, because the legal test for similarity is how the marks are heard and remembered by an ordinary buyer, not how they are spelt. "Kwik", "Quick" and "Quik" are the same mark to the Registry. Run the phonetic search on every word you ran the wordmark search on, in the same classes.

A name that looks unique in the wordmark search and turns up ten near-identical results in the phonetic search is the most common thing a professional search finds, and the most common cause of a Section 11 objection.

3. Device (logo) search by Vienna code

Logos are indexed by Vienna codes, an international classification of figurative elements: a lion is 3.1.1, a five-pointed star 1.1.2, a circle 26.1.1. To search a logo, select the codes that describe its main elements and the portal returns marks sharing them. The results are large and need a trained eye, which is why a device search is usually the part people leave to an attorney.

Reading the results

Each result shows the mark, application number, class, applicant and status. For every mark that resembles yours, note three things:

  1. Status. A conflicting mark that is Abandoned, Refused, Withdrawn or Removed usually cannot block you. Registered, Accepted, Advertised, Objected and Opposed marks can. The status guide decodes each one.
  2. Goods or services. Open the record and read the specification. The same class can hold unrelated businesses; similar goods within it are the problem.
  3. How similar, really. Compare sound, appearance and meaning together. A shared common word ("Royal", "Star", "Indian") is less dangerous than a shared distinctive one.

What the register does not show

A search checklist

StepWhereLooking for
Wordmark, each word, "contains", your classesIP India public searchIdentical and containing marks
Wordmark, whole name, all classesIP India public searchSame name anywhere on the register
Phonetic, each word, your classesIP India public searchSound-alikes with different spelling
Vienna code, if there is a logoIP India public searchSimilar figurative elements
Well-known marks listIP IndiaFamous marks that block across classes
Web, marketplaces, app stores, social handlesGoogle and the platformsUnregistered prior users
Company and LLP namesMCA portalIncorporated entities using the name
Domain availabilityAny registrarWhether you can own the .in and .com

What a professional availability report adds

The public search gives results; a report gives a judgment. Ours lists every identical, similar and phonetically similar mark in the relevant and companion classes with its status and goods, assesses the likelihood of a Section 9 objection, a Section 11 citation and an opposition, and recommends a class set and specification. If the name is risky, it says so before you have paid a government fee, and suggests what to change. We provide this report free of charge, whether or not you go on to file with us; the request form is on the home page.

Frequently asked questions

Is the IP India trademark search free?

Yes. The public search on IP India's portal is free and needs no login. It covers pending applications and registered marks across all 45 classes.

What is the difference between a wordmark search and a phonetic search?

A wordmark search finds marks containing the letters you type. A phonetic search finds marks that sound alike even if spelt differently, which is how the examiner and the courts judge similarity. Run both; a name that passes one often fails the other.

My search shows no results. Can I file safely?

A clean public search removes the obvious conflicts but not all of them: marks that sound alike, look alike as logos, or are used but never registered can still block you. Treat a clean search as a good sign, not a guarantee.

Should I search in one class or all classes?

Search the classes you will file in and the companion classes for your business, then search all classes for the exact name. A well-known mark in an unrelated class can still be cited against you.

Does a Google search count as a trademark search?

It is a useful extra, because it finds unregistered marks in use, which the register misses. It is not a substitute for the register search, which finds pending applications no website mentions yet.

What does a professional trademark search report contain?

The register results for identical, similar and phonetically similar marks in the relevant classes, the status of each, an assessment of the risk of a Section 11 objection or an opposition, and a recommendation on the name, the classes and the specification. We provide this free before filing.

How do I search a logo?

Logos are searched by Vienna code, the international classification of figurative elements. Pick the codes that describe your logo's shapes and the portal returns marks with the same elements. This search is harder to do well without training.

Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.

Not sure where your application stands?

Send us the application number. A registered Trademark Attorney will tell you the stage, the next deadline, and what it needs. No charge.

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