AS | Ankit Sarawagi|Founder, CFOmatrix·June 2026·11 min read | Updated Jun 2026 |
- A trademark search comes first, before branding spend and before filing, because it is free and can save you a refused application and a rebrand later.
- Use the free Public Search on ipindiaonline.gov.in; it is the official register of applied-for and registered marks in India.
- Run three searches: Wordmark (with Contains and Starts With), Phonetic (sounds-like), and Vienna code (for logos), within the classes you actually use.
- Read each result’s legal status: live marks (Registered or pending) are the real obstacles; Abandoned, Withdrawn or Refused marks usually are not.
- A clear trademark register is not enough: also check the MCA company-name register and domain or handle availability before locking the brand.
| ₹0 Cost of the official Public Search on ipindiaonline.gov.in | 45 NICE classes (1 to 34 goods, 35 to 45 services); search only the ones you use | 3 Search types to run: Wordmark, Phonetic and Vienna code |
To keep this concrete we will follow one founder: Meera, launching a packaged snacks brand she wants to call “Zaika”. We will run her name through every step, so you can copy the exact moves for your own brand.
What a Trademark Search Is, and Why You Do It First
A trademark search is a check of the official trademark register to see whether your proposed brand name or logo, or anything confusingly similar to it, has already been applied for or registered by someone else in your line of business. In India that register is run by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM), and it is searchable for free.
You do the search first, before you design a logo, print packaging, buy a domain or file an application, for three simple reasons. It is free. It is fast. And it can prevent the two most expensive mistakes a founder makes with a brand: building equity in a name you cannot legally own, and paying the government filing fee for an application that gets objected or refused.
Remember that you can start using the TM symbol on an unregistered mark the moment you adopt it, to signal a claim, but you can only use the (R) symbol after the mark is actually registered. A search does not give you any rights; it tells you whether the path to rights is clear.
A trademark search is a clearance check, not a guarantee. Even a perfectly clean search can miss an unregistered mark with strong common-law rights (prior use). It dramatically lowers your risk; it does not remove it entirely. For high-stakes brands, get an attorney’s clearance opinion before you commit.
Pick the Right Class (or Classes) First
Before you search a single name, identify your class. India uses the NICE classification, which sorts all goods and services into 45 classes: classes 1 to 34 cover goods, and classes 35 to 45 cover services. A trademark is protected within the class or classes it is registered in, so the same word can legally belong to different owners in unrelated classes.
This is the step most founders get wrong. They search their name “in general”, panic when they see a match in a totally different industry, or relax when they see nothing in one class while a clash sits in another. The right approach is to search every class your business actually touches, and the closely related ones.
For Meera’s snacks brand “Zaika”, the obvious class is Class 30 (which covers many food products). But if she also sells namkeen and processed nuts she may touch Class 29, and if she runs a retail or online store she may need Class 35. She searches all three.
| Class type | Range | Everyday examples |
|---|---|---|
| Goods | Classes 1 to 34 | Food, clothing, cosmetics, electronics, furniture |
| Services | Classes 35 to 45 | Retail, advertising, software (SaaS), finance, legal |
| Your search list | The 1 to 3 you use | Your core class plus closely related ones |
Goods are 1 to 34, services are 35 to 45. A trademark is a fence around a name within a class, not everywhere. Search the classes you live in, not all 45 and not just one.
How to Search on ipindiaonline.gov.in: Step by Step
Here is the exact, free process on the official portal. Open ipindiaonline.gov.in and go to the Public Search for Trade Marks. No login is needed. Then run the three search types below, once for each class on your list.
| Run a Wordmark search |
Select the Wordmark search type, enter your class, and type your name (for example, “Zaika”). Use the match options: Start With catches names that begin the same way, and Contains catches your word sitting inside a longer mark. Run it as both. Note every same-class result that looks or reads like yours.
| Run a Phonetic search |
Switch to the Phonetic option and search the same name again. This finds marks that sound like yours even when spelled differently. For “Zaika”, a phonetic search may surface “Zayka”, “Zaiqa” or “Zyka”. Indian law treats deceptively similar sounding marks in the same class as a conflict, so this is the search that catches the clashes a plain wordmark search misses.
| Search by Vienna code (for a logo) |
If you are clearing a logo or device mark, text is not enough; you also search the picture. The Vienna Classification assigns codes to figurative elements (a crown, a leaf, a lion, a star). Find the Vienna code for your logo’s main element and use the Vienna code search to find visually similar logos already registered in your class. A word mark protects the text in any style; a device mark protects the specific look, so the logo check matters when your branding leans on imagery.
Treat the search like due diligence on an asset, because your brand is one. Thirty minutes across Wordmark, Phonetic and Vienna code, in every class you touch, is the cheapest insurance you will ever buy against a forced rebrand two years in.
How to Read the Results: Registered, Objected, Abandoned
A search result is only useful once you read each similar mark’s legal status. The status tells you whether a similar mark is a live obstacle or a dead entry you can usually ignore. Click into each result and check the status field.
| Status | What it means | Obstacle? |
|---|---|---|
| Registered | Live and protected for 10 years (renewable) | Yes, strong |
| Objected | Registry’s Examiner raised an objection; still in process | Yes, pending |
| Opposed | A third party is challenging it after publication | Yes, pending |
| Abandoned / Withdrawn | Application dropped or not pursued | Usually no |
| Refused | Application was rejected by the Registry | Usually no |
The simple rule: a live mark (Registered, or pending as Objected or Opposed) that is similar to yours in your class is a real problem. A dead mark (Abandoned, Withdrawn or Refused) usually is not, though you should confirm it is truly closed and not in restoration before you rely on it.
Do not confuse “Objected” with “Opposed”. An objection comes from the Registry’s own Examiner during examination. An opposition comes from a third party after the mark is published in the Trade Marks Journal. Both mean the mark is alive and worth treating as an obstacle.
Also Check the MCA Name and the Domain
A clear trademark register is necessary but not sufficient. Two other registers decide whether you can actually use the name, and they are separate from the Trade Marks Registry. Run both before you commit.
- MCA company / LLP name: Search the proposed name on the Ministry of Corporate Affairs portal (mca.gov.in). A name can be available as a trademark but blocked as a company name (or the reverse). You can even incorporate a company whose name infringes someone else’s trademark, which is exactly the trap to avoid.
- Domain and social handles: Check whether the .in and .com domains and the key social handles are free. A great brand with no usable domain is a problem you want to discover now, not after the logo is printed.
For “Zaika”, Meera confirms the mark looks clear in her classes, then checks MCA for a conflicting company name and sees whether zaika.in, zaika.com and the matching Instagram handle are available. Only when all three line up does she lock the name.
Getting a company name approved on MCA gives you a corporate identity, not trademark rights. Founders often assume their incorporated name is automatically protected. It is not. The two systems do not talk to each other; you must clear, and later register, the trademark separately.
Founder Watch-Outs That Cause Refusals
Most first-time search mistakes come down to searching too narrowly. These are the traps that turn a “clean” search into a refused application months later.
- Only searching the exact spelling. A plain wordmark search of “Zaika” will miss “Zayka” and “Zaiqa”. The phonetic search exists for exactly this. Names that sound alike in the same class clash.
- Ignoring similar, not identical, marks. The test is “deceptively similar”, not “identical”. A name that is close in sound, look or meaning to a registered mark in your class can be refused even if it is not a copy.
- Searching the wrong or only one class. A clash can sit in a related class you forgot to search. Cover every class your goods or services touch.
- Treating dead marks as live (and vice versa). Read the status. An Abandoned mark is usually not an obstacle; a Registered one almost always is.
- Forgetting common-law / prior use. A well-known unregistered brand can still stop you through prior use, even if nothing shows on the register. If a name feels familiar, dig deeper.
- Skipping the MCA and domain checks. A free trademark is no help if the company name or domain is taken.
The Registry does not ask “is it identical?” It asks “is it deceptively similar?” Search the way the Examiner thinks: sounds-like, looks-like and means-like, in your class.
After a Clean Search: What Happens Next
If your name comes back clear across Wordmark, Phonetic and Vienna code in every class you use, and the MCA and domain checks line up, you are ready to move from clearing to claiming. Two practical things follow.
- Start using TM straight away. You can put the TM letters next to your mark from day one, even before filing, to signal a claim and start building common-law rights. Save the (R) symbol for after registration; using (R) before your mark is registered is an offence.
- File the application (Form TM-A). File online at ipindiaonline.gov.in, one fee per class per mark. The government e-filing fee is ₹4,500 per class for an Individual, a DPIIT-recognised Startup or an Udyam-registered MSME, and ₹9,000 per class for other entities such as companies and LLPs. Always verify the current fee on ipindia.gov.in.
The search is step one of a longer journey (examination, possible objection, publication, a four-month opposition window, then registration valid for 10 years). But it is the step that makes everything after it cheaper and safer.
“A free thirty-minute search is the cheapest decision you will make about your brand. Skipping it is the most expensive one.”
Ankit Sarawagi, CFOmatrixFrequently Asked Questions
How do I check if a trademark is already taken in India?
Use the free Public Search for Trade Marks on ipindiaonline.gov.in. Pick the NICE class that matches your goods or services, then run a Wordmark search (using Contains and Starts With) and a Phonetic search for names that sound similar. For a logo, also search by Vienna code. Finally, read the status of each similar result to see whether it is live (Registered or pending) or dead (Abandoned, Withdrawn or Refused).
Is the trademark public search on ipindiaonline.gov.in free?
Yes. The Public Search for Trade Marks on ipindiaonline.gov.in is free and open to anyone, with no login required. It is the official register run by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM), so it is the most authoritative source for what has already been applied for or registered in India.
What is a phonetic trademark search?
A phonetic search looks for marks that sound similar to your name even when they are spelled differently, for example Kwality vs Quality or Zaika vs Zayka. Indian trademark law treats deceptively similar sounding marks in the same class as a conflict, so a name can be refused even if the exact spelling is free. Always run a phonetic search, not just an exact wordmark search.
What is a Vienna code in a trademark search?
The Vienna Classification is an international system of codes for the figurative (image) elements of logos, such as a crown, star, leaf or animal. When you clear a logo or device mark, you search by Vienna code to find visually similar logos already on the register in your class, rather than searching by text.
Do I need to search across all trademark classes?
No, search every class your business actually touches, not just one and not all 45. India uses the NICE classification with 45 classes (1 to 34 for goods, 35 to 45 for services). Identical marks can usually co-exist in unrelated classes, so the real risk is a similar mark in the same or a closely related class as yours.
What do trademark statuses like Objected, Abandoned and Registered mean?
Registered means the mark is live and protected. Objected means the Registry’s Examiner raised an objection and the application is still in process. Opposed means a third party is challenging it after publication. Abandoned, Withdrawn or Refused means the application is effectively dead. Live marks (Registered or pending) are the obstacles to worry about; dead marks usually are not, though you should still confirm before relying on it.
Does a free company name on MCA mean the trademark is available?
No. The MCA company name register and the trademark register are separate. You can incorporate a company with a name that infringes someone else’s trademark, and you can hold a trademark that is not available as a company name. Always check both the Trade Marks Public Search and the MCA portal, and ideally the domain and social handles too, before locking a brand name.
Can I do a trademark search myself or do I need a lawyer?
You can run a basic search yourself for free on ipindiaonline.gov.in, and you should, before spending on branding. For a final clearance opinion before filing, a trademark attorney adds value by judging deceptive similarity, related classes and prior common-law use, which a keyword search alone cannot fully assess.
This is general information, not legal advice. Trademark searching and clearance involve judgement calls about similarity and prior use; for important brands, consult a qualified trademark attorney. Government fees, forms and procedures change, so always verify the current rules and fees on ipindia.gov.in before you file.
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AS | Founder, CFOmatrix | Finance Strategy & Equity Compliance CFOmatrix is a knowledge platform focused on how finance actually works inside growing companies. Every insight is shaped by real operating experience across startups and growth-stage companies, including cross-border setups. |