Trademark Search India

You can use this page to check brand name availability in India before filing a trademark application. The search can be made by entering the trademark or by entering the application number allotted by the Trade Marks Registry. The name of the proprietor can also be entered. In case you know the relevant trademark class, the search can be restricted to that class.

If you are planning to file a new trademark then it is advisable to search the complete name first. After checking the complete name, the main word of the trademark should be searched separately. Suppose the proposed trademark is “Nivora Foods”. In that case you have to search “Nivora Foods” as well as “Nivora”. This is because the word “Foods” describes the goods, whereas “Nivora” is the word by which the customer is likely to remember the brand.

It is not sufficient to check only an identical name. Section 11 of the Trade Marks Act, 1999 also applies where an earlier trademark is identical or similar and the goods or services are identical or similar in a manner which can cause confusion. So a blank exact-name result should not be treated as an approval or as a certificate of availability.

Trademark word search and phonetic search

There are two different searches for the name of a trademark. A word search checks the spelling entered by you. A phonetic search checks the sound of the name. The phonetic search is required because a small change in the spelling may not change the way in which the name is spoken.

Many Indian names are written in English with more than one spelling. For example, “Shakti” and “Sakthi” look different but can be spoken in almost the same manner. Therefore both the word search and the phonetic search have to be checked before selecting the name.

A logo is searched in a different manner. The visual parts of a logo are classified under the Vienna Classification. The codes can relate to a person, animal, plant, star, geometrical shape or any other device appearing in the logo. In case the logo also contains a name, then the name and the device have to be searched separately.

What has to be checked in the search result

The first thing to check is the name which is closest to the proposed trademark. After opening that record, you will get the filing date, the name of the proprietor, the class, the present status and the description of goods or services. All these details have to be read together. The following table shows how the common search results can be checked.

How to select the correct trademark class

Every trademark application is filed in one or more of the 45 classes given under the Nice Classification. The first 34 classes are for goods and the remaining 11 classes are for services. The class is decided on the basis of the goods which will be sold or the services which will be provided under the trademark.

For example, clothes are covered in Class 25. However the retail service relating to those clothes may also require Class 35. Downloadable software is generally searched in Class 9, whereas software provided online as a service may fall in Class 42. So one business may require more than one trademark class.

The number of the class is only the starting point. The complete description of goods or services given in the earlier record should also be read. This is required because goods or services placed in two different classes may still be related. The class pages below explain the scope of all 45 classes and allow you to search the records of the selected class.

Trademark application number, proprietor and status

Many times only the trademark application number is available with us. In such case the complete number can be entered in the search box and that particular record will be opened. You will then get the filing date, name of the proprietor, class, present status and the description filed with the application.

The trademarks filed in the name of any person or business can also be found by entering the name of the proprietor. This is useful where you want to see the other applications belonging to the same proprietor. However it does not replace the word and phonetic searches for the proposed name.

The status shows the stage or the result of the application as on the date available in the record. Registered, Objected, Opposed, Abandoned and Refused have different meanings. A pending application can proceed to registration. Similarly an abandoned or expired record does not by itself mean that the same name is free for use.

Where the trademark data comes from

All the records shown on this page are indexed from the trademark data made publicly available by the Trade Marks Registry of India. GoLegally fetches the updated records every night. The filing activity section given below mentions the date up to which applications are presently available in the index.

A newly filed application or a recent change in status may take some time to appear in the Registry source and thereafter in this search. Therefore the date shown with the data should always be checked. In case a close name or logo is found, a professional clearance opinion should be taken before the application is filed. Our trademark registration service includes the search review, selection of the class, preparation of the application and filing before the Trade Marks Registry.