You’ve thought of the perfect name for your brand. Or maybe you’ve just finished designing a logo you feel proud of.
Before printing business cards or setting up your Instagram handle, there’s one small but crucial step you shouldn’t skip—checking whether someone else already owns it.
In India, trademarks are governed by the Trade Marks Act, 1999. A registered trademark gives the owner exclusive rights to use that name or logo for specific goods or services. If you accidentally use someone else’s registered trademark—even without bad intentions—you could face a legal notice, be forced to rebrand, or worse, end up in court.
The good news? Checking if a name or logo is already trademarked in India is free and takes only a few minutes. The government provides a public search tool that anyone can use through the official IP India website.
Here’s how you can conduct a simple trademark search for a name or wordmark:
| Step | What to Do |
| 1 | Go to ipindia.gov.in |
| 2 | Under “Trade Marks,” click on “Public Search” |
| 3 | Select “Wordmark” as the search type |
| 4 | Type in the exact name or phrase you plan to use |
| 5 | Select the relevant class (based on what you offer—e.g., clothing, tech, food) |
| 6 | Hit “Search” and review the results |
If you’re still unsure whether your idea qualifies as a trademark, check out this guide on what you can (and can’t) trademark in India.
Each product or service falls under a specific trademark class. For example, clothing falls under Class 25, while online education services may fall under Class 41.
This classification system helps determine whether two similar names are actually conflicting or not. Two brands with the same name may coexist legally if they operate in completely different industries. But if both are in the same class—or closely related ones—there’s a strong chance of legal overlap.
You should scan the search results carefully. If someone else has registered the exact name in the same class, it’s usually best to avoid using it. Even if it’s still under examination or marked as “objected”, it may still pose a future legal risk.
So, you’ve checked whether your desired name is already registered. But what about your logo? Can someone else have a claim over a similar visual design? Yes, they can. In India, logos can also be registered as trademarks—these are called device marks. Checking for logo similarities works a little differently than checking names, and it involves a system called the Vienna Code Classification.
The Vienna Code is an international standard that categorizes visual elements in logos—things like animals, stars, geometric shapes, letters, or plants. In India, when you apply to register a logo, the Trademark Registry assigns it a Vienna Code based on its design features. That makes it easier for examiners (and you) to find similar logos.
Here’s a simplified way to search for logo trademarks:
| Step | What to Do |
| 1 | Go to the IP India Public Search page |
| 2 | Select the “Vienna Code” tab |
| 3 | Enter the relevant 6-digit Vienna Code (you can look this up on the WIPO Vienna Code Index) |
| 4 | Select the class of goods/services your logo applies to |
| 5 | Click search and browse the visual results |
If someone is copying your brand name or logo, don’t panic. This blog walks you through what to do when someone infringes your trademark.
Let’s say your logo includes a crown. The Vienna Code for crowns is 241101. If your logo includes a single letter in a stylized font, that may fall under 270501. These codes help narrow down your search to logos that share similar themes or visuals.
Keep in mind that trademark protection isn’t just about exact copies. If your logo is visually similar enough to cause confusion, that may still be a legal problem—even if it’s not identical. The test is whether an average consumer might associate the two brands or think they are related.
If your search—whether for a name or a logo—returns several existing marks that are similar to yours in the same class, it’s usually safer to reconsider. You can do one of three things:
| Option | What You Can Do |
| Choose a new name/logo | Ideal if a similar mark is already registered and active |
| Modify the current one | Change the design or add distinctive elements |
| Proceed with caution | If the existing mark is expired, withdrawn, or not yet registered, but consult a lawyer first |
Finally, before you lock in a name or logo, it’s smart to also check if the domain name and social media handles are available. Consistency across platforms helps you build a strong and unified brand.
A trademark search doesn’t guarantee your application will be accepted, but it gives you a clear picture of what’s safe to use and what might land you in trouble. Think of it as due diligence—10 minutes now can save months of rebranding and legal stress later.
FAQs
1. Is trademark search in India free?
Yes, you can do it for free using the Public Search tool on the official IP India website.
2. What is the Vienna Code and why is it needed?
The Vienna Code classifies visual elements in logos. It helps identify similar logo designs during a trademark search.
3. Can two businesses have the same name in India?
Yes, but only if they operate in unrelated industries and different trademark classes. If they’re in the same field, it could lead to legal conflict.
4. How do I know which trademark class to choose?
Trademark classes are based on the type of goods or services you offer. You can refer to the NICE classification system for guidance.
5. What if the trademark I want is already taken?
You can consider modifying your name/logo, choosing a different class (if applicable), or picking a fresh, distinctive brand identity.
Before you file anything, you should know the basics. Start with this no-nonsense guide to trademark registration in India.
