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How to check if a trademark name is available in India

Checked against the Trade Marks Act, 1999, the Trade Marks Rules, 2017 and IP India's fee table on 30 October 2026.

To check whether a name is free as a trademark in India, search IP India's public trademark search (free, no sign-in) in every class you will use: an exact word search, a "contains" search for each distinctive word, and a phonetic search for names that sound the same. A mark the Registrar finds identical or similar to an earlier mark for similar goods can be refused (Section 11 of the Trade Marks Act, 1999), so near matches matter as much as exact ones.

The steps

  1. List the classes. Goods are in classes 1 to 34 and services in classes 35 to 45 of the Nice classification; search each class the name will be used in, and the classes close to it.
  2. Search the exact word. On IP India's public search choose a wordmark search, the class, and "Match with" for the whole name.
  3. Search each distinctive word with "Contains". A name like SUNRISE GOLD can clash with SUNRISE alone, or with GOLDEN SUNRISE.
  4. Run a phonetic search. Spellings that sound alike (PHIRKI and FIRKI, KWALITY and QUALITY) are treated as similar.
  5. For a logo, search by Vienna code, the codes for what the picture shows, as well as by the words in it.
  6. Read the status of each match. Registered marks and pending applications count; refused, abandoned and withdrawn ones usually do not block you, but say the name was tried.
  7. Check IP India's list of well-known trade marks: these are protected even in classes they are not registered in.

What the Registrar looks for

Two tests decide most refusals. Section 9 refuses marks that describe the goods or are not distinctive (SWEET for sweets). Section 11 refuses marks that are identical or similar to an earlier mark for the same or similar goods, so that the public is likely to be confused. Similarity is judged by sight, by sound and by idea, so a different spelling or an added word does not by itself make a name safe.

Check company names and domains too

A name can be free as a trademark and still be someone's company name, which can mean a passing-off claim, and the Registrar of Companies may refuse a new company name too like a registered trademark. Check the Ministry of Corporate Affairs' list of companies and LLPs, and whether the .com and .in domains are free, before you settle on a brand.

Nishaan's free name check searches every trademark, every company and LLP, and the .com, .in and .co.in domains in one go, with names that sound alike.

Check a name free

Common questions

Is the IP India trademark search free?
Yes. The public search on the IP India website is free and needs no sign-in. It searches by word, by sound (phonetic) and, for logos, by Vienna code.
Does a clear search mean my trademark will be registered?
No. The examiner makes their own search, and the mark can still be objected to as descriptive (Section 9) or opposed by an earlier owner within four months of being advertised in the Trade Marks Journal.
How many classes should I search?
Every class the name will be used in, and the classes for related goods or services. A food brand, for example, often searches classes 29, 30 and 43.
What does it cost to file once the name is clear?
The official fee for Form TM-A is ₹4,500 per class for an individual, startup or small enterprise filing online, and ₹9,000 per class for others.

Related guides

This guide explains the law in general. It is not legal advice for a particular case; check the Registry's records and speak to a trademark attorney before you act.

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