MSME Registration Certificate in India: Here’s Why It Matters
19 Dec, 2025
By Online Legal India
Published On 08 Dec 2025
Updated On 10 Dec 2025
Category Trademark
You are opening your new business and have created a brand name that is suiting the vision of your business. But then you found that some other business is using your brand name. This is where checking trademark availability in India comes into play. A quick check can save your time and money before your trademark registration. Read the blog to know in detail what is the process of checking trademark availability.
A trademark availability search involves checking the trademark registration status of a brand name. It ensures that your brand identity is unique and safe to after the registration process. Thus saving you from legal problems and future loses. It offers you confidence that your brand name, logo or slogan is original. It is not owned by any other business. This step is important for smaller businesses and startups. This is because here someone is planning to build a brand.
Checking proposed trademark availability is important. It helps in safeguarding your business identity in the future. Read the section below to know the key reasons why it is important:
Suppose you have been using a brand name that is already registered by some other business. In that case you can take strict actions against them. You can send the business a legal notice and ask for mandatory re-branding.
The trademark registry examines the trademark application for conflicts with existing marks. If your proposed mark is identical to another, registry will raise objections. They can refuse the registration.
Re-branding is not at all simple, it is an expensive and a complex process. Checking trademark availability will ensure you have a brand name that is safe.
If you have selected a unique name for your brand, then you will not face that much issue. Unique brand names are easier to protect. However, still doing a search will ensure you that your brand name is distinctive.
A comprehensive trademark search in India includes:
Each of these steps will ensure you that your trademark is unique. It is free from any kind of conflict in the future.
According to the Nice Classification System in India, there are 45 classes:
A checking trademark availability is an important step before your trademark registration. It is a strategic safeguard for your business identity. Below we have given the reasons why one should conduct a trademark search .
If your business is using a name, logo or slogan that is identical to some other mark, the owner can take legal action against you. This type of disputes can lead to court cases, fines, even to rebranding. Doing a simple search beforehand will help you in preventing this risk.
You have invested in packaging, labelling, branding and marketing. Then you discover that your chosen brand name is already taken. Remember that re-branding is expensive and time consuming. A checking for trademark availability can help you making safe choices from day one only.
Trademark registry often rejects applications that have close resemblances with existing marks. You can avoid using such identical and problematic names. Check trademark availability beforehand. Therefore, it will increase the chance of approval for your application.
A distinctive brand name and logo can make your business distinguishable. When you check the trademark availability, you will know what to avoid. Thus you can end up creating original and unique brand identities.
Your trademark will get legal protection only after completion of the registration process. The registration is possible only if your mark is available and it is not conflicting with any existing one. A checking trademark availability will verify the originality of the mark and clears the path for seamless registration.
If your trademark is uniqur you can promote your brand confidently . You will not have to think about conflicts or objections later.
Checking trademark availability is simple and completely free also. Below we have mentioned the steps to check whether your brand name or logo has similarity with any existing mark or not:
First visit the official website of the Controller General of Patents, Designs and Trade Marks (CGPDTM). This website is the complete trademark database.
Then open the trademark public search tool. This tool will help you search all registered and applied trademarks.
Here you will have to choose the search type. You can use different filters for the search:
Wordmark Search: You can use this search for checking brand names, titles, or slogans.
Phonetic Search: You can use this search for finding trademarks that sound similar.
Vienna Code Search: You can use this search for logo or image-based marks.
The Wordmark search is the best starting point, for most users.
As per the Nice classification system, Trademarks fall under 45 different classes depending on the goods or services. Your trademark should be registered under the correct class in order to receive protection. Selecting the wrong class will limit your rights or weaken your protection.
Enter your brand name, phrase, or slogan in the search field. In case if you are searching for a logo, upload it and search using the appropriate Vienna code.
The existing marks will be displayed by the system that match or resemble with your entry. Go through the results properly. During the process, if you come across any identical or confusingly similar mark, it is recommended to modify your mark.
By clicking on each of the result, you will come across details such as:
This helps you in understanding whether the mark is active and poses a conflict.
Do the search thoroughly. Try different spellings, phonetic variations, and similar-sounding names. This will help in reducing the chances of future disputes.
If you are feeling a bit confused after seeing the results, we will recommend you for consulting a trademark expert. They can interpret the results and advise you on what next steps you can take.
After completing your checking trademark availability, you can take the following actions for protecting your brand identity and avoiding disputes:
Review all similar or identical trademarks carefully. If several marks are resembling yours, reconsider your choice. Avoiding confusion will give you a stronger and safer brand name.
Ask yourself: Does my brand stand out? Are my brand name and logo unique? If not, the make changes to your brand name or logo to make it more original.
You can save screenshots or download the results. These records will help demonstrate your due diligence if someone later questions your trademark.
It is not like that you will have to apply immediately after completing the search. You can check the database periodically. Remember that new fillings can also affect your future application.
You can start including your chosen brand name or logo in your business operations i.e. websites, labels, packaging, marketing materials. Consistent use will strengthen your claim and public recognition.
Conclusion
Checking trademark availability is the first vital step to protect your brand identity. It helps in avoiding potential disputes. This will help you to proceed toward the process of trademark registration. Remember a little effort will offer months of peace for you. Thus you can simply focus on creating your brand. If you have any queries or need help in filling your trademark, get in touch with Online Legal India.
No it is not official. But practically it is important to do a checking trademark availability. Without a search, your application may face rejection.
Basic trademark search is free. You can do it using the government portal. However, the cost of professional searches depends on the law firm.
Yes. But for high-value brands, a professional search is recommended.
Checking trademark availability takes 5–10 minutes; a detailed search may take a day.
If your proposed mark is already taken, the you will have to choose a new name or modify the existing one. Do not force a name that could cause problem for your brand in the future.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.
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