How to search a trademark in India — the founder's guide.
Before you print packaging, file for GST in the brand name, or spend on launch marketing, you need to know whether the mark is actually available. This guide walks through the IP India public database the way a trademark attorney does — the same Wordmark, Phonetic and device checks we run for clients before we recommend filing Form TM-A.
1. Why search first
A cheap search prevents an expensive rebrand
Every week, founders come to us after a Section 11 objection lands or an opposition is filed — six months after their TM-A was filed, sometimes a year after the brand launched. By then the mark is on packaging, invoices, the Shopify storefront, ad accounts, and often the company name itself. Fixing it means either fighting the opposition (INR 2–8 lakh in legal costs with no guaranteed outcome) or rebranding.
Almost all of these matters trace back to a search that was never done, or was done only on Google. The IP India registry has over 55 lakh applications on record. Google shows you registered businesses; it does not show you pending or opposed applications — and under Section 18 of the Trade Marks Act, 1999, priority runs from filing date, not from public use.
2. Nice Classes
Pick your classes before you pick your name
The Nice Classification splits every good and service into 45 classes: 1–34 for goods, 35–45 for services. Your trademark is only protected in the classes you register in. The same mark — "Apple" — can be owned by different proprietors in Class 9 (electronics), Class 29 (fresh fruit), and Class 31 (agriculture).
Software / SaaS
Class 9 (downloadable) + Class 42 (SaaS)
Clothing brand
Class 25 (clothing) + Class 35 (retail)
Restaurant / cloud kitchen
Class 43 (food services)
Educational platform
Class 41 (education) + Class 9 (courses)
Consulting firm
Class 35 (business), Class 36 (financial), Class 45 (legal)
D2C food product
Class 29 or 30 (goods) + Class 35 (retail)
Common founder trap: filing only in the "goods" class and forgetting Class 35 (retail services). A D2C brand that sells on Amazon without a Class 35 registration finds it much harder to enforce against copycats on the same marketplace.
3. Search types
Wordmark, Phonetic, and device — run all three
Open the IP India Public Search portal and select "Trade Marks". You will see three search modes; a real clearance search runs all three for every shortlisted name.
- Wordmark search. Matches the literal string. Search each candidate with "Starts With" and "Contains" in every target class. Also search common misspellings, plural forms, and hyphenated variants.
- Phonetic search. Matches how the word sounds. The registry treats "Zara" and "Xara", "Kwik" and "Quick", "Nite" and "Night" as similar under Section 11(1). Never skip this — most Section 11 refusals come from phonetic conflicts the applicant did not spot.
- Vienna Code / device search. If your mark includes a logo, look up the relevant Vienna Codes (a shield is 24.01.03, a stylised leaf is 05.03.13, and so on) and search for earlier devices in the same code within your class. Visual similarity is an independent ground for refusal.
4. Reading results
What the status codes actually mean
| Status | What it means for you |
|---|---|
| Registered | Active protection in that class. Direct conflict — do not proceed on the same or similar mark. |
| Accepted & Advertised | Cleared the examiner and published in the Trade Marks Journal. Will register in 4 months if no opposition. Treat as a live conflict. |
| Objected | Examiner has issued a Section 9 or 11 report. Still pending, still blocking. Do not file on top of it hoping it will die. |
| Opposed | A third party has opposed the application. Outcome unpredictable. |
| Abandoned / Refused / Withdrawn | Dead application. Usually safe, but check if it was refused on absolute grounds — the same grounds will apply to you. |
| Removed | Registered but not renewed. Can be restored by the earlier proprietor within one year of removal under Section 25(4). |
5. Absolute & relative grounds
Section 9 and Section 11 — the two ways your mark can die
Even if no conflicting earlier mark exists, the examiner can still refuse your application on absolute grounds. Screen every shortlisted name against both sections before filing.
- Section 9 — absolute grounds. Descriptive marks ("Best Coffee" for a café), generic terms, geographical indications ("Darjeeling" for tea outside the GI), marks that are customary in trade, or marks likely to deceive. Coined or arbitrary words (Kodak, Xerox) sail through; descriptive words rarely do.
- Section 11 — relative grounds. Identical or similar to an earlier trademark for identical or similar goods/services, creating a likelihood of confusion. The examiner cites earlier marks from the registry search; you respond by distinguishing, disclaiming, or narrowing the specification.
6. From search to filing
The full sequence, in order
- 01
Shortlist 3–5 candidate names
Coined or arbitrary marks clear Section 9 far more easily than descriptive ones. Avoid generic industry terms.
- 02
Identify every relevant Nice Class
List every current and near-future good/service. Missing a class now means filing a fresh application later with a later priority date.
- 03
Run Wordmark + Phonetic searches per class
On ipindiaonline.gov.in, in each target class, for each candidate. Screenshot the results — you will need them if a later opposition claims prior knowledge.
- 04
Run a device/Vienna Code search
If a logo is part of the mark. Skip only for pure wordmark applications.
- 05
Optional: request a TM-C search report
For the final one or two candidates. INR 10,000 per class, 7 working days, gives you the registry's own view of conflicts before you commit.
- 06
File Form TM-A
Government fee is INR 4,500 per class per mark for individuals, startups (with DPIIT recognition) and MSMEs (with Udyam registration); INR 9,000 for others. Include a clear specimen of the mark and the exact specification of goods/services.
- 07
Track and respond
Examination report typically arrives in 4–8 months. Respond within 30 days. After acceptance, the mark is advertised in the Trade Marks Journal; if no opposition is filed within 4 months, registration follows.
7. Questions
Frequently asked by founders
Is a trademark search mandatory before filing in India?
It is not legally mandatory, but skipping it is one of the most expensive mistakes a founder can make. Rule 24 of the Trade Marks Rules, 2017 lets you request an official search report (Form TM-C), but even before you spend that fee, a proper public search catches conflicts that would otherwise result in a Section 11 objection or a full opposition six months later — after you have already printed packaging, spent on brand launches, and built goodwill under the mark.
How much does a public trademark search on the IP India portal cost?
The public search on ipindiaonline.gov.in is free. An official search request under Form TM-C costs INR 10,000 per class for e-filing and returns a formal search report from the registry within about 7 working days. Most founders use the free public search to shortlist candidates and reserve the paid TM-C search for the one or two names they are seriously considering.
What are the Nice Classes and which one applies to my business?
India follows the Nice Classification, an international system with 45 classes — 34 for goods and 11 for services. A software product is typically Class 9 (downloadable software) plus Class 42 (SaaS / software-as-a-service). A restaurant is Class 43. A clothing brand is Class 25. Registration in one class does not protect you in another, and the same mark can be owned by different proprietors across unrelated classes.
What is the difference between a Wordmark search and a Phonetic search?
A Wordmark search matches the exact string you type. A Phonetic search matches marks that sound similar — 'Kwik' will surface 'Quick', 'Kwick', 'Qwik' and 'Kuik'. Section 11(1) of the Trade Marks Act refuses registration where a mark is 'similar' to an earlier mark and likely to cause confusion; the registry reads similarity phonetically, visually, and conceptually. Run both searches for every shortlisted name.
Can I register a trademark before I incorporate my company?
Yes. An individual, a partnership firm, an LLP, a company, or even a proposed proprietor can file a TM-A application. Many founders file in their personal name first and later assign the mark to the company under Section 38 once incorporation is complete. The filing date — not the incorporation date — is what fixes your priority against later applicants.
What happens if someone else has already filed but the mark is not yet registered?
The earlier applicant has priority under the 'first-to-file' rule of Section 18. Your options are: (a) file in a different class if the goods/services are genuinely unrelated, (b) oppose their application within four months of its advertisement under Section 21 if you can show prior use, or (c) pick a different mark. A cease-and-desist reply from a pending applicant is common — take it seriously; do not simply proceed on the assumption 'not registered means not protected'.
How long is a trademark registration valid, and can it be renewed?
Ten years from the date of application, renewable indefinitely in ten-year blocks under Section 25. Renewal costs INR 9,000 per class (e-filing) and can be filed within one year before expiry or up to six months after with a surcharge. Non-renewal leads to removal from the register — but the earlier proprietor can restore it within one year of removal.