How to check trademark availability in India: open the IP India public trademark search, enter your name with the right Nice class, repeat with sound-alike and logo searches, and read the status of every similar mark. This is a screening step. It shows what is on record, not what the Registrar or a rival will finally accept.
A name can feel original and still sit on the register under someone else's application. The public search is the quickest way to find out. It is open to anyone who verifies an email or mobile number by OTP, and the IP India fee schedule we checked lists no charge for it. The harder part is searching well: the right classes, the right spellings and a sensible reading of the results.
This guide on how to check trademark availability in India follows the portal as it appeared in October 2026, explains classes in plain terms and says clearly what a self-check cannot do. For the legal reasons behind the exercise, read our post on why a trademark search matters before registration.
Before You Open the Portal: What to Have Ready
Ten minutes of preparation saves repeated searches. Suppose a founder plans to sell handmade candles online under a coined two-word name. Before searching, she should have the following written down.
- The exact name, plus likely variants: spacing, plural or singular, and the Hindi and English spellings customers may use.
- A plain list of what you sell today and what you may sell in the next two to three years.
- Whether the brand will be a word mark, a logo or both. IP India's filing process page lists this choice as part of the search step, along with identifying the correct Nice classes.
- An email address or mobile number for the OTP login, because the portal does not open the search form without it.
Keep the list of goods and services handy. It decides your classes, and classes decide which part of the register you actually search.
How to Check Trademark Availability in India on the IP India Portal
The search lives at tmrsearch.ipindia.gov.in. In October 2026 the landing page asked for an email or mobile number, a captcha and an OTP, and carried links for Class Details, Well Known Marks, Vienna Code Classification, the INN list and Help. The steps below follow IP India's own Guidelines to use Trade Mark Public Search, which is the Help link on that page.
Step 1: Log in and pick a category
After OTP verification, choose one of the three categories: Wordmark, Device Mark or Phonetic. Each shows different fields.
Step 2: Enter the name and a match option
In the Wordmark field type the name, then choose Starts With or Contains. Starts With returns marks that begin with your text. Contains returns marks that hold it anywhere, so it casts the wider net.
Step 3: Enter the class
The class field, from 1 to 45, is compulsory in every category. You can also search the goods and services description field in the Wordmark category, for example with a word such as furniture or insurance.
Step 4: Start the search and open records
The results panel shows the total number of matching marks. Click a record to see its details and image, and tick records to generate a printable report.
Step 5: Repeat for sound and design
Run the Phonetic category for sound-alikes, which the guidelines warn can take a long time. Run Device Mark with a Vienna code if you have a logo. Then repeat every search for each class you care about.
The table shows what each category is best for.
| Category | Fields you fill | Best used for | Watch out |
|---|---|---|---|
| Wordmark | Wordmark, Class, optional goods or services description | Identical and near-identical names; checking who uses a word in your field | Misses names that sound alike but are spelt differently |
| Phonetic | Wordmark, Class | Sound-alike spellings and transliterations | Slower to return; still needs a human to judge each hit |
| Device Mark | Vienna code, Class | Logos, symbols and design elements | Needs the right Vienna codes, so describe each visual element |
Source: IP India, Guidelines to use Trade Mark Public Search (Help link on the public search page), opened October 2026.
The portal also links to an AI-based trademark search. Business Today reported its launch in September 2024 as a tool meant to speed up clearance. Treat it as an extra lens, not a replacement for the checks above.
Choosing Nice Classes So You Search the Right Part of the Register
Trademarks are registered for particular goods or services, grouped under the Nice Classification. Under rule 20 of the Trade Marks Rules, 2017, goods and services are classified as per the current edition of the Nice Classification. WIPO's FAQ confirms 34 classes of goods and 11 of services, and its site lists NCL(13-2026) as the version in force from 1 January 2026.
You do not need all 45. You need the classes for what you sell, plus those where the same customers shop. These are the headings most small businesses meet, taken from WIPO's Nice publication.
| Class | Heading in short | Typical users |
|---|---|---|
| 3 | Non-medicated cosmetics and toiletries, cleaning preparations | Skincare, soap, perfume and home care brands |
| 5 | Pharmaceuticals, dietary supplements, sanitary preparations | Medicines, nutrition and health products |
| 9 | Apparatus and instruments, downloadable software and files | App makers, electronics, recorded media |
| 25 | Clothing, footwear, headwear | Fashion labels, uniforms, footwear |
| 30 | Coffee, tea, bread, pastries, confectionery, spices, sauces | Packaged food, bakeries, tea and spice brands |
| 35 | Advertising, business management, office functions | Agencies, consultants, online and offline retail services |
| 41 | Education, training, entertainment | Coaching, content, events, studios |
| 42 | Scientific and technological services, design and development of software | Software firms, SaaS, design studios |
| 43 | Providing food and drink, temporary accommodation | Restaurants, cafes, hotels |
Source: WIPO Nice Classification, version 13-2026 class headings, opened October 2026. Headings are shortened here.
One trap: WIPO's explanatory note for class 35 says that for classification purposes the sale of goods is not a service, while bringing goods together so customers can view and buy them, including through websites, is. An online seller may therefore need a goods class and class 35.
Crowding also varies. IP India's Annual Report 2024-25 shows class 5 with 12.80% of trademarks registered that year and class 35 with 10.94%. Expect more similar marks to review in those classes. Finally, the examination search under rule 33(1) looks for marks on the same or similar goods or services, so search neighbouring classes too.
How to Read What the Search Returns
Finding no exact match is not the same as being clear. Examiners and courts look at overall impression, including sound. The Supreme Court's decision in Cadila Healthcare v. Cadila Pharmaceuticals (2001), as summarised by LawFoyer, treated phonetic similarity as important in India and asked for stricter scrutiny of medicines. Read each hit with that in mind.
| What you see | What it may mean | Sensible next move |
|---|---|---|
| Identical name, same class, registered or pending | Likely conflict under section 11(1) of the Trade Marks Act, 1999 | Choose another name or take advice before spending more |
| Different spelling but same sound, same or related class | A likelihood of confusion argument is still possible | Treat as a real risk; compare goods and customers |
| Same word in an unrelated class | Often lower risk, unless it is a well-known mark | Check the portal's Well Known Marks list |
| Mark shown as abandoned or removed | Not automatically free; the owner may have restoration options or prior use | Look at the record history and search the market |
| Many marks sharing a common word | The word itself may be weak or descriptive | Make your own mark distinctive in other ways |
| A similar logo but a different name | Device conflicts do not appear in a word search | Run Device Mark with the right Vienna codes |
General guide only; the risk in any case depends on goods, customers and facts.
Save a record of every search: date, category, keyword, class and the marks you reviewed. A dated record helps if you later need to explain why you chose a name.
What a Self-Check Cannot Tell You
The register shows applications and registrations. It does not show everything that can stop you. The Act, as hosted on IP India's Trade Marks Act 1999 page, is explicit on several points.
- Section 11(3) bars registration where use of the mark could be prevented by the law of passing off. A business using a name without registration can still be a problem, and the register will not list it.
- Section 11(2) protects well-known marks against later marks even on unrelated goods or services, where the later use would take unfair advantage or harm the earlier mark's repute.
- Anyone can oppose within the opposition window, so a clean search on filing day does not close the question.
- Recent filings may not yet show up. We could not confirm how quickly new applications appear, so repeat the search just before you file.
- Company name approval and domain availability say nothing about trademark rights. Our post on trademark vs company name explains why.
The search tells you what is on record. Whether two marks are confusingly similar is a legal judgment made by the Registrar, and later possibly by a court.
After the Search: Decide, Then File Without Delay
Group your names into three piles: clear, close and blocked. File for the clear ones without long gaps, because the application date matters. Under section 23, a registered mark is treated as registered from the date of the application.
The government fee for Form TM-A e-filing is, per the IP India fee page, ₹4,500 per class for an individual, startup or small enterprise and ₹9,000 per class for other applicants. A word mark in two classes therefore costs ₹9,000 or ₹18,000 in government fees. Fees can be revised, so confirm before paying.
| Search outcome | Usual next step |
|---|---|
| Clear in all chosen classes | Fix the class list, then file Form TM-A for the word mark, and separately for the logo if you use one |
| Close matches only in neighbouring classes | Narrow the goods and services description, or get a professional view before filing |
| Identical or very similar mark in your class | Pick another name; filing is likely to meet objection or opposition |
Filing is not the finish. The Registrar searches earlier marks during examination under rule 33(1), the applicant must reply to an examination report within one month under rule 33(4), and after publication the opposition window under section 21 runs for three months, extendable by up to one month. Our trademark registration process guide covers each stage.
Frequently Asked Questions (FAQs)
Use the Device Mark category, which asks for a Vienna code and a class. The portal's Vienna Code Classification link opens WIPO's Vienna assistant, where you describe each visual element, such as an animal or a star, to find its code. Search every element separately, and also search any words inside the logo as a word mark.
We found no fee for the public search in IP India's published schedule, and the portal asks only for OTP verification. Separately, section 133 of the Act lets you ask the Registrar for preliminary advice on whether a mark appears distinctive, using Form TM-M. That advice covers distinctiveness only, not conflicts with earlier marks.
As close to filing as practical. IP India's Annual Report 2024-25 records 552,190 trademark applications filed that year, roughly 1,500 on an average day, so the register keeps changing. Save a dated copy of your final search and refresh it in the days before you file.
Do not assume so. An abandoned or removed record can still point to a business that traded under the name. IP India's fee schedule also lists restoration of a removed mark, so an owner may have a route back. Check the record history and search the market before relying on it.
Final Thoughts
To recap how to check trademark availability in India: prepare your names and goods, search by word, sound and design in each relevant class, read results for overall impression rather than exact matches, and treat the outcome as a screening step with limits.
If you would rather hand this over, our brand name search service in Delhi covers register, MCA name, domain and handle checks with a written risk summary, From ₹1,999. It is delivered online and is informational, so it reduces risk but cannot promise that the Registry will accept a mark.
Sources and Official Links
Facts on this page were checked against the sources below, last reviewed on 13 October 2026. Fees, thresholds and rules can change, so confirm the current position on the official site before you pay or file.
- tmrsearch.ipindia.gov.in/tmrpublicsearch
- tmrsearch.ipindia.gov.in/tmrpublicsearch/docs/Guidelines_to_use_Trade_Mark_Public_Search.pdf
- ipindia.gov.in/application-workflow/trademark-filing-process
- ipindia.gov.in/pages/trade-marks/learn/forms-and-official-fees
- ipindia.gov.in/tm-act-1999
- ipindia.gov.in/tm-rules-2017
- ipindia.gov.in/storage/uploads/media/English_Annual_Report_2024-25.pdf
- wipo.int/en/web/classification-nice/faq
- wipo.int/en/web/classification-nice
- nclpub.wipo.int/enfr/?basic_numbers=show&class_number=35&explanatory_notes=show&lang=en&menulang=en&mode=flat¬ion=&pagination=no&version=20260101
- businesstoday.in/story/india-introduces-ai-powered-tools-to-modernise-intellectual-property-management-446531-2024-09-19
- lawfoyer.in/cadila-healthcare-limited-v-cadila-pharmaceuticals-limited-air-2001-sc-1952