How to Check Trademark Availability: Step-by-Step Guide

How to Check Trademark Availability in India: A Complete Guide

how-to-check-trademark-availability

If you are launching a brand, product, or business, the first legal step you should take is understanding how to check trademark availability. This ensures the name, logo, or tagline you wish to use is not already registered or claimed by someone else.

In today’s competitive business world, your brand identity is everything. Failing to perform a proper trademark search can lead to costly legal disputes, rebranding, and lost reputation. Whether you are a startup owner, freelancer, or a growing business, learning how to check trademark availability protects your brand and prevents future issues.

In this detailed guide, we will explain every step involved in checking trademark availability in India, the importance of selecting the correct class, the role of phonetic matches, and how to avoid common mistakes. By the end of this article, you will have a full understanding of how to verify if your desired trademark name is available or not.

What is a Trademark and Why Is It Important?

A trademark is a legally registered symbol, word, phrase, logo, design, or a combination of these elements that distinguish your goods or services from others in the marketplace. It serves as a unique identifier that helps customers recognize and trust your brand.

When you register a trademark, you gain the exclusive right to use that mark in your business sector. This legal protection ensures that no one else can use or misuse your brand identity.

Learning how to check trademark availability is crucial because it ensures that the trademark name you are considering is not already registered, which could otherwise result in rejection of your application or legal complications.

How to Check Trademark Availability in India: Step-by-Step Process

To avoid duplication and to ensure that your trademark is legally available, follow these steps:

1. Visit the Official Trademark Search Website

The Indian government has a dedicated online portal for trademark searches. You can access it by visiting the official Intellectual Property India website. This is where you will begin your search to learn how to check trademark availability.

2. Select the ‘Wordmark’ Option

The most commonly searched type of trademark is a wordmark, which includes brand names, product names, and slogans. Select this option to begin your search.

3. Enter the Trademark Name You Want to Register

Type your desired trademark name into the search bar. Make sure to try different variations and spellings, especially if your brand name uses a unique or creative format. This is a crucial step in learning how to check trademark availability accurately.

4. Choose the Right Trademark Class

There are 45 trademark classes under the Nice Classification system. Each class represents a category of goods or services. For example:

  • Class 9 is for electronics and software

  • Class 25 is for clothing and apparel

  • Class 30 is for food and beverages

  • Class 35 is for business and advertising services

Selecting the correct class ensures that your application covers the right area of business. Choosing the wrong class is one of the most common mistakes made when checking trademark names.

5. Perform the Search and Analyze the Results

Click on the search button and carefully review the list of results. You should check if:

  • Any trademarks are identical to yours

  • Any trademarks are phonetically similar

  • Any marks have been accepted, opposed, or registered

If you see a name that is very similar to yours, you may need to modify your brand name or take legal advice. Knowing how to check trademark availability involves not just checking identical matches but also identifying potential conflicts.

Why You Should Always Check Trademark Names

Understanding how to check trademark names helps you avoid the risk of legal disputes, trademark objections, and rejection of your application. It also helps you:

  • Ensure your brand name is unique and distinguishable

  • Avoid expensive rebranding later

  • Establish exclusive rights to your business name or logo

  • Gain customer trust by securing a legally protected identity

Even if your desired name appears to be available, it’s wise to check for similar sounding or visually similar marks. Many objections are raised on the basis of phonetic similarity, so a thorough search is essential.

Tips for Performing a Strong Trademark Search

If you're serious about registering a brand, these tips will help you carry out an effective search:

  • Always search for both exact and similar versions of your name

  • Use both upper and lower case spellings

  • Repeat your search across multiple relevant classes

  • Perform searches in different combinations (with and without spaces or hyphens)

  • Understand how to check trademark availability using both basic and advanced filters

When to Seek Professional Help

Although it’s possible to check trademark availability on your own, the process can become complex when similar names appear or multiple classes apply to your business. If you're unsure, it’s best to consult a trademark expert or legal professional.

Professionals know exactly how to check trademark availability with deeper legal insights. They also assist in preparing strong documentation, responding to objections, and ensuring your trademark has the best chance of approval.

How MyCompanywala Helps You With Trademark Registration

MyCompanywala is a trusted legal service provider in India with years of experience in company registration, trademark filing, and business legalities. We make the process of trademark registration easy and hassle-free for startups and business owners.

Here’s how we support you:

  • Conduct a thorough trademark availability check

  • Help you choose the correct trademark class

  • File the application on your behalf

  • Handle objections and legal notices, if any

  • Provide regular updates on your trademark status

If you're unsure how to check trademark availability or don’t want to make mistakes, MyCompanywala can handle everything from start to finish at affordable pricing.

Conclusion

Checking trademark availability is not just the first step in trademark registration—it is one of the most important steps in building a legally protected brand. If you're planning to register a logo, business name, or slogan, take the time to learn how to check trademark availability thoroughly.

A simple trademark search can save you from future legal problems, financial losses, and brand confusion. Whether you want to learn how to check trademark names for your startup or need help with a complete trademark filing process, professional support can make all the difference.

Frequently Asked Questions (FAQs)

Q1. How can I check if a trademark is available in India?

You can check trademark availability on the IP India website by searching for your desired name under the wordmark section and selecting the relevant class.

Q2. Is trademark search free in India?

Yes, the government’s official portal allows you to search trademarks for free. It is a public tool available to anyone.

Q3. What happens if I don’t check trademark availability?

If you fail to check, you risk using a name that is already registered. This could result in legal action, brand rejection, or trademark infringement.

Q4. How to check trademark names across multiple classes?

You must perform separate searches for each class you are interested in. This ensures your brand is protected across all relevant business areas.

Q5. What is the best way to search for similar sounding names?

Use phonetic search or search for partial matches with similar spellings. Legal professionals can help you spot potential risks.

Q6. Can I register a trademark if someone else has already filed for a similar name?

It depends on the class, usage, and legal circumstances. If the existing trademark is in a different class, it may still be possible. Legal advice is recommended.

Q7. How long does a trademark registration take in India?

The process typically takes 6 to 12 months, depending on whether there are objections or hearings involved.

Q8. Where can I get help with trademark filing?

You can contact MyCompanywala for expert guidance. We handle everything from checking availability to successful registration.

Related Post By MyCompanywala

section shape

What Is Trademark Registration? A Complete Guide For Indian Businesses (2025 Update)


post img

Trademark registration is one of the most crucial steps for any business looking to establish a distinct identity in the marketplace. If you're an entrepreneur or a business owner in India, you may find yourself asking, "What is trademark registration?" Trademark registration is a legal process thro...... Read More

Understanding The Difference Between Trademark And Registered: A Comprehensive Guide To Brand Protection


post img

In today’s competitive business landscape, protecting your brand identity is essential. One common question that arises among entrepreneurs and business owners is the difference between trademark and registered trademarks. Whether you're launching a new business, creating a unique logo, or establi...... Read More

What Does A Trademark Protect? A Complete Guide For Indian Businesses


post img

In today’s competitive business world, ensuring that your brand remains distinctive is crucial. What does a trademark protect? A trademark safeguards your brand’s unique identity, preventing others from using your brand’s elements without permission. From logos to slogans, trademarks play a si...... Read More

Identify The Correct Statement About Trademarks: A Complete Guide For Entrepreneurs And Startups


post img

Trademarks are vital for building brand identity and protecting intellectual property. However, there are many misconceptions surrounding trademarks that could lead to confusion. As an entrepreneur or startup, it’s essential to identify the correct statement about trademarks to ensure that you’r...... Read More

How To Check Trademark Availability In India: A Complete Guide


post img

If you are launching a brand, product, or business, the first legal step you should take is understanding how to check trademark availability. This ensures the name, logo, or tagline you wish to use is not already registered or claimed by someone else.In today’s competitive business world, your br...... Read More

Documents Required For Trademark Registration In India: A Complete Guide For 2025


post img

Trademark registration is a vital step in safeguarding your brand identity in India. When you register your trademark, you gain exclusive rights to your brand name, logo, or slogan, preventing others from using a similar mark that could confuse your customers. Understanding the documents required fo...... Read More

Understanding The Difference Between Brand And Trademark: A Complete Guide


post img

Ever wondered about the difference between brand and trademark? If you’re a business owner, startup, or entrepreneur, understanding this distinction is crucial for protecting your business identity. Many people confuse the two, but they serve different purposes. A brand is the emotional and visual...... Read More

Trademark Registration Charges In India: Complete Guide On Costs, Process & Professional Help


post img

When it comes to building and protecting your brand, trademark registration is essential. It not only safeguards your intellectual property but also ensures that your brand remains exclusive to you. If you're wondering about trademark registration charges in India, you're in the right place. This gu...... Read More

Government Fees For Trademark Registration In India: A Complete Guide For Startups And SMEs


post img

Trademark registration is essential for businesses looking to protect their brand identity and intellectual property. Understanding the government fees for trademark registration is crucial in determining the overall cost of the registration process. Whether you are a startup, SME, or a larger compa...... Read More

What Is The Difference Between Copyright And Trademark? Explained For Entrepreneurs


post img

As an entrepreneur or content creator, understanding the difference between copyright and trademark is crucial for protecting your intellectual property. These two forms of legal protection serve distinct purposes, and knowing the difference can help you ensure that your creative works, branding, an...... Read More

Which Of The Following Can Be Considered As A Trademark? A Comprehensive Guide For Indian Businesses


post img

If you’ve ever wondered "which of the following can be considered as a trademark?", you’re not alone. Many entrepreneurs and business owners struggle to understand what qualifies as a trademark and how it can protect their brand. Trademarks play a pivotal role in distinguishing your goods or ser...... Read More

What Is A Trademark? Types, Functions, And The E-Filing Process In India


post img

IntroductionIn today’s competitive business environment, understanding what a trademark is is more important than ever. A trademark not only helps protect your brand’s identity but also ensures legal protection, differentiating your products or services from others. Whether you are a startup loo...... Read More

Annual Compliance For Private Limited Company


post img

Annual Compliance for Private Limited CompanyA Private Company is a corporate held under private ownership which requires regular filing with the Ministry of Corporate Affairs. For every organization it is obligatory to file an yearly return and audited financial statements including profit and loss...... Read More

Annual Compliance For One Person Company


post img

Annual Compliance for One Person CompanyIn countries like India where entrepreneurship is highly encouraged. One Person Company is one of the most leading forms of business for entrepreneurs whose business lies in an early stage with an intention to grow in future. A One Person Company comprises one...... Read More

Annual Compliances For LLP


post img

Annual Compliances for LLP   A Limited Liability Partnership is a separate legal entity. In order to preserve active status and to avoid default status. A regular filing with MCA is required to be taken care by all Limited Liability partnerships. Annual Compliance for any LLP is obligatory...... Read More

How Much Times Involved In Strike Of Company Name From The Register Of Companies?


Once an application is filed for striking off of company with the respective Registrar of Companies (ROC) after verifying the documents the RoC will strike off the name of company and this procedure normally takes 3-4 month. However, if any objection is received from ROC this process might take extra time or even reject the application.   Disclaimer: – The above article is prepared keeping all the significant and fundamental inquiry which comes at the top of the pri...... Read More

What Are The Documents Which Are Required For Closure Of The Company?


Certified true copy of board resolution for authorisation given for filing this application.Registered Digital Signature Certificate of director for signing the form.Memorandum of association of the CompanyArticle of Association of the Company.Proof of identity (PAN Card/Aadhar Card/Voter ID card).Residence proof  (Passport/Driving License/Voter ID Card)Statement of account duly certified by a chartered accountant.Affidavit in Form STK-4 and Indemnity bond in Form STK-3 duly notarised...... Read More

What Is The Procedure To Strike Of Company In Case Of Voluntary Striking Off Of Company?


The procedure is extremely easy and is completed step wise:- 1.  Call a board meeting in accordance with the Secretarial standards and Companies Act 20132.  Convene Board meetingto pass the following resolutions:-To take note of statement of accountsTo authorise directors to sign the Indemnity Bond and Affidavits as per Form STK-3 and Form STK-4 respectively.To authorise a director to digitally sign the application in e-Form STK-2.To fix the day, date, time and venue...... Read More

What Are The Fees For E-form MGT-14 And E-form STK-2?


MGT-14 has normal associated fees in accordance with the authorized share Capital of the Company.    STK-2:- INR 10,000/-......

Which Forms Required To Be Filed For Strike Off Company?


Two e-forms are required for striking off of company:- a) MGT-14 b) STK-2......

Whether Members Approval Is Required For Striking Off Company ?


Yes. Member’s approval is required through Special resolution for striking off company ......

When Company Cannot Make An Application For Striking Off?


has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;has engaged in any activitythe company at any time in the previous 3 months:- has changed its name or shifted its registered office from one State to another; ...... Read More

What Are The Main Checklists Needs To Be Considering Before Closing Of The Company?


The company has filed its upto date all the financial statements and annual return with the Registrar of Companies.The company does not have any management disputes or there is no litigation pending with regard to management or shareholding of the company.No order is in operation staying filing of the documents by a court or tribunal or any other competent authority.the company is not a company incorporated for charitable purposes under section 8 of the Companies Act, 2013 or section 25 ...... Read More

What Are The Ways For Close The Company?


A company can get strike off in two ways:- Suo-moto (Voluntary Striking off)By Registrar of Companies  ......

Which Company Can Get Close In Strike Off?


Any company can get strike off whether it’s a Private companyOne-person companyPublic company ......

What Is Meaning Of Striking Off Of Company Name?


Striking off of company suggests that closing of a non profitable venture company. In different words it's the quickest and easiest method to shut an organization.......

PROCEDURE FOR STRIKING OFF OF NAME OF A COMPANY


Each organization is begun with a dream to keep up its business continuously, but not all businesses square measure effective since quite an whereas past run. As we have a tendency to as of currently recognize, that there's positive technique to consolidate a company, run a company, in like manner, there's an exact system to shut a company. As on date, there square measure 2 alternative ways to shut a company:- Strike off companyWinding up of company ...... Read More

DETAILED NOTE ON BONUS ISSUE DEFINITION


An issue of bonus shares is referred to as a bonus share issue or bonus issue. A bonus issue is usually based upon the number of shares that shareholders already own. While the issue of bonus shares increases the total number of shares issued and owned, it does not change the value of the company.                              1) The source out...... Read More

ISSUE OF SHARES THROUGH RIGHT ISSUE


DEFINITIONOF RIGHT ISSUE ‘Right Issue’ means offering shares to existing members in proportion to their existing shareholding. The object is, of course, to ensure equitable distribution of Shares and the proportion of voting rights is not affected by issue of Fresh shares. A rights issue is an invitation to existing shareholders to purchase additional new shares in the company. This type of issue gives existing shareholders securities called rights. ...... Read More

PROCEDURE FOR REMOVAL OF DIRECTOR


1.        Ensure that a special notice for the removal of a director is furnished by number of members in accordance with the section 115 of Companies Act, 2013 to the company at least 14 days before the meeting at which it is to be moved. 2.        (a) Ensure that the notice for removal of a director is for a director other than a director appointed by the Tribunal under section 242 of the Companies Act, 2013. &n...... Read More

ISSUUANCE OF EQUITY SHARES THROUGH SWEAT EQUITY


Introduction- What is sweat equity shares? Sweat equity shares refers to equity shares given to the company’s employees on favorable terms, in recognition of their work. Sweat equity shares is one of the modes of making share based payments to employees of the company. The issue of sweat equity shares allows the company to retain the employees by rewarding them for their services. Sweat equity shares rewards the beneficiaries by giving them incentives in lieu of their contribution tow...... Read More

PROCEDURE FOR ISSUE OF SHARES THROUGH PRIVATE PLACEMENT


INTRODUCTION Private placement can be explained as a means of raising capital by the companies without going for public issues. Public Issues like Initial Public Offering and Further Public Opening are means of raising capital by the companies. DEFINITION A private placement is a sale of stock shares or bonds to pre-selected investors and institutions rather than on the open market. It is an alternative to an initial public offering (IPO) for a compan...... Read More

OPC Has To Convert Into Private Or Public Limited Company Within 6 Months


post img

 OPC shall be required to convert itself, within six months of the date on which its paid up share capital is increased beyond fifty lakh rupees and the last day of the relevant period during which its average annual turnover exceeds two crore rupees as the case may be, into either a private co...... Read More

Mandatory Conversion Of One Person Company Into Private Limited Or Public Company


post img

Rule 6 of the Companies (Incorporation) Rules, 2014 as amended vide the Companies (Incorporation) Amendment Rules, 2015, w.e.f. 1-5-2015 provides that where the paid up share capital of an OPC exceeds fifty lakh rupees and its average annual turnover during the relevant period exceeds two crore rupe...... Read More

Restriction On Alteration In The Memorandum And Articles Of A Charitable Company Licensed U/s 8


post img

Section 8(4)(a) provides that a company that has received a licence under the section, shall not alter the provisions of its Memorandum as regards its objects except, with the previous approval of the Central Government [Powers delegated to the Registrar of Companies by Notification No. 1353(E), dat...... Read More

Main Condition For Section 8 Company Registration


post img

The objective of section 8 of the Companies Act, 2013 is to provide special benefits and privileges to such organisations, which are formed for the following purposes and where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be regist...... Read More

Requirements Of Minimum Paid-up Capital


post img

By the Companies (Amendment) Act, 2015 effective from 29th May, 2015 the requirement of minimum paid up capital for a private limited company of `1 Lakh and for a public limited company of `5 Lakhs has been removed from the definition of the Companies under section 2(68) and 2(71) of the Companies A...... Read More

Can OPC Change In The Nominee By The Member Of OPC?


post img

 It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by in...... Read More

Change In The Name Of Person Nominated In The Memorandum Shall Not Be Deemed To Be Alteration In The Memorandum Of Association


post img

Any such change in the name of the nominee person in the Memorandum of Association of the OPC shall not be deemed to be an alteration of the memorandum.......

Can We Change In The Nominee By The Member Of OPC?


post img

 It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by i...... Read More

What Are The Liabilities Of The Subscriber In Case Of One Person Company?


post img

 The liability of the member of the OPC may be limited or unlimited, and the Memorandum of Association of the OPC shall state,—   (i) in the case of a company limited by shares, that liability of its member is limited to the amount unpaid, if any, on the shares held by them; an...... Read More

No Need For Address In India Of Foreign Promoters Incorporating Company In India


post img

 There is no pre-condition for foreign promoters to furnish local address in India for seeking registration and incorporation of a limited company in India.   It was held that there was nothing in the Act or the applicable Rules which requires the foreign promoters to provide a l...... Read More

Is Roll Checks Are Mandatory For Directors InMinistry Of Corporate Affairs Website


post img

The digital signatures are required to be registered at the website of the MCA for various category like director, professionals, etc. and need to fill up particulars online at the MCA portal, called roll check.   Without complying with the requirement of Roll Check, any documents si...... Read More

What Are The Liabilities On Members For Having Below Minimum Members’ Strength?


post img

The MCA vide the Companies (Amendment) Act, 2017 has inserted new section 3A w.e.f. 9-2-2018, vide Notification No. SO 630(E), dated 9-2-2018 to put liability on all the existing members of the company, in case the company defaults in minimum number of members’ criteria. If at any time the number ...... Read More

Is Digital Signatures Certificates Are Mandatory In Case Of Company Registration?


post img

Every Form and return prescribed under the Companies Act, 2013 needs to be filed with the digital signature of the managing director or director or manager or secretary of the Company, therefore, it is compulsorily required to obtain digital signatures of at least one director to digitally sign the ...... Read More

What our customers are saying about MyCompanywala?

section shape

Copyright © 2018 MYCOMPANYWALA all right reserved.

Hello ! I am Dipesh,Your Consultant from Mycompanywala and I am here to help you.

What are you looking for?

1. Company Incorporation?
2. DOT OSP Registration
3. Trademark Registration?
4. Other Services ?