Trademark Search — Check Your Brand Before You File
A trademark search checks the IP India register for earlier marks that look or sound like yours in the classes you plan to use. A similar earlier mark can lead to an objection under Section 11 or an opposition later. We search the word, its sound and your logo, and explain what each result means.
What it is
A trademark search is a check of the Trade Marks Registry’s records before you file. You look for earlier marks that are identical or similar to yours and cover the same or related goods and services. The aim is to find the problems before the examiner or a rival brand does.
The rules come from the Trade Marks Act, 1999. Section 9 refuses marks that are devoid of distinctive character, and Section 11 refuses marks that clash with an earlier mark where the public is likely to be confused. Goods and services sit in 45 classes under the Nice Classification: classes 1 to 34 for goods and 35 to 45 for services. India follows the current edition, NCL 13-2026, in force since 1 January 2026.
IP India offers a free public search at tmrsearch.ipindia.gov.in, one class at a time.
Who it applies to
You are naming a new business or product
Check the name before you buy the domain, and well before the first carton is printed. A company name approved on the MCA portal is not a registered trade mark, so search even if you have just completed a private limited company registration.
You have a logo or label ready
Logos are compared by their picture elements, so a logo needs a device search as well as a word search.
You are moving into new goods or services
Your brand may be safe in its current class and crowded in the next one. A spice brand that plans to open restaurants needs a fresh search in Class 43.
Why it matters
Avoid a Section 11 objection
If the examiner finds a similar earlier mark for similar goods, the examination report cites it against you. A search shows you those conflicts before you pay ₹4,500 or ₹9,000 per class as the Form TM-A fee.
Stay clear of an infringement claim
A deceptively similar mark can bring a legal notice or a suit, even while your own application is pending.
Choose the right classes and wording
Results show how your trade describes its goods, so you can word your specification to cover your business and avoid crowded entries.
Documents required
Share the mark
- The word mark exactly as you will use it
- Other spellings or short forms you may use
- Logo file, if you have one
- Meaning or translation, if the word is coined or not in English
Describe your business
- The goods or services you sell, in plain words
- Where you sell: shop, online, export
- The date you started using the mark, if already in use
Keep these ready for filing
- Applicant’s name, address and type (individual, firm, LLP, company)
- DPIIT recognition or Udyam certificate, if you want the lower TM-A fee as a startup or small enterprise
How it works
Map your goods and services to classes
We match what you sell to the Nice classes and add the related ones. A Faridabad auto-parts maker launching its own brand of brake pads, for example, starts with Class 12, which covers vehicles and their parts.
Search the exact word and its variants
We search the exact word first. Then its parts, prefixes, plurals and other spellings, class by class.
Run a sound-alike (phonetic) search
We look for marks that sound like yours, such as Quick, Kwik and Kwick. The Registry’s own examiners search by word, by sound and by device, so we do the same.
Search the logo by Vienna code
We code your logo’s picture elements under the Vienna Classification and pull earlier marks with the same codes in your classes.
Read each record and write the report
For every close hit we open the record and check the owner, class, goods, status and claimed date of use. In practice, many hits fall away here. The rest go into the report with a risk rating.
How to read the results
| What you see | What it tells you |
|---|---|
| Application number and date | Which mark came first. The earlier mark is the one that can block yours. |
| Class and goods or services | Whether the overlap is real. Same class does not always mean same goods, so read the specification. |
| Status | Whether the mark is alive. Registered and pending marks can block you; abandoned, refused or withdrawn ones usually do not. |
| User detail | Whether the owner claims use from a date, or filed on a “proposed to be used” basis. |
| Device image | For logos, compare the overall look, not just one element. |
Here is the catch: a clean search is not a clearance certificate. The register lists only filed marks. Picture a Ballabgarh sweet shop that has traded under the same name for years and never filed. It is still the earlier user, and it can object or sue for passing off. Similarity is a judgement call: examiners and courts compare the overall impression.
Well-known marks are a special case. Section 11(2) protects them even for unrelated goods, and the Registry publishes a list of well-known marks next to its public search.
What our search report contains
Lists the marks that matter
Identical and similar marks, each with its application number, class, owner, status and goods, and a line on why it matters.
Rates the risk, class by class
Low, medium or high for every class searched, with the reason tied to Section 9 (distinctiveness) or Section 11 (earlier marks).
Recommends your next step
File as it is, narrow the goods, tweak the name or logo, or choose another name. If an old registration blocks you and looks unused, we say whether removal for non-use under Section 47 is worth exploring.
Timelines
Search right before you file
The register changes daily. Run or refresh the search within a few days of filing Form TM-A, not months earlier.
Search again before a big launch
Refresh the search before new cartons go to print. It costs little next to a full reprint.
Allow 30 working days for a TM-C certificate
For copyright registration of a logo, Section 45(1) of the Copyright Act needs a search certificate in Form TM-C. It ordinarily issues within 30 working days, or 7 working days on an expedited request.
What happens if you skip the search
Face a Section 11 objection
The examination report cites the earlier mark under Section 11, and you must reply or argue at a hearing. We draft replies to trademark objections, but avoiding one is cheaper.
Defend an opposition
After your mark is advertised in the Trade Marks Journal, the owner of a similar mark can oppose it. That means a contested case with evidence and hearings.
Rebrand after launch
Picture a Faridabad garment label that gets a legal notice six months after launch. New tags, new cartons and a new website, all paid for twice.
Frequently asked questions
Is a trademark search on IP India free?
Yes, the public search on IP India costs nothing. At tmrsearch.ipindia.gov.in you choose the search type, enter the keyword, fill a captcha and search one class at a time, and IP India also offers a newer AI-based search. A proper clearance search goes further: spelling variants, sound-alikes, logo codes and related classes, then a reading of each record. That part we do for you.
How many classes should I search?
Search every class you plan to file in, plus the classes next to your business. There are 45 classes: 1 to 34 for goods and 35 to 45 for services. A bakery brand, for instance, would check Class 30 for bread and cakes and Class 43 if it plans to run a café. Similar goods in different classes can still clash under Section 11, so we agree the list with you first.
What is a phonetic search, and do I need one?
A phonetic search finds marks that sound like yours even when they are spelt differently, such as Quick, Kwik and Kwick. You need one, because Section 11 turns on the likelihood of confusion, and buyers often ask for products by name. A word-only search can miss the very mark later cited against you.
How do you search a logo?
Logos are searched by their picture elements, not their words. The Registry codes every figurative element, such as a star, a lion or a leaf, under the Vienna Classification, whose 10th edition came into force on 1 January 2026. We code your logo the same way, pull earlier marks carrying those codes in your classes and compare the overall look. Any words inside the logo get a separate word and phonetic search.
Does a clear search guarantee my trademark will be registered?
No. A search lowers the risk; it cannot remove it. The examiner may still object under Section 9 if the mark is descriptive or lacks distinctive character. A business that has used a similar name for years without filing it can also object or sue. Anyone can oppose once your mark is advertised in the Trade Marks Journal. A careful search means fewer surprises at each stage.
What is Form TM-C, and is it the same as a trademark search?
No. Form TM-C asks the Registrar for a search certificate under Section 45(1) of the Copyright Act, 1957, which you need when registering an artistic work, such as a logo, that is used or can be used on goods. The fee is ₹9,000 when e-filed and ₹10,000 on paper, and the certificate ordinarily issues within 30 working days. It is a copyright step, not a pre-filing clearance search.
Can the Registrar tell me in advance whether my mark is distinctive?
Yes, through preliminary advice under Section 133 of the Trade Marks Act. Under Rule 21 of the Trade Marks Rules, 2017, you apply in Form TM-M with one representation of the mark and the goods or services. The advice covers distinctiveness only, so it does not replace a search for conflicting marks. For most new brands, a coined name plus a careful search is faster, but the option exists.
What if the search shows a similar mark?
Read the record before you give up on the name. An abandoned, refused or withdrawn mark usually will not block you. If it covers different goods, a narrower specification may avoid the clash. If it was entered on the register more than five years and three months ago and never used, Section 47 allows an application to remove it for non-use. Otherwise, tweaking the name usually costs less than a dispute.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
IP India’s public search itself is free. The government fees that usually follow:
| Form | E-filing | Paper filing |
|---|---|---|
| TM-A application, individual, startup or small enterprise (per class) | ₹4,500 | ₹5,000 |
| TM-A application, all others (per class) | ₹9,000 | ₹10,000 |
| TM-C search certificate under Copyright Act Section 45(1) | ₹9,000 | ₹10,000 |
| TM-C expedited | ₹30,000 | Not allowed |
Ready to begin?
Send us the name, the logo and what you sell. We will tell you which classes to file in and how risky the mark looks, before you spend on the application.