How to Check If a Trademark Is Registered in India: Step-by-Step Search Guide

Your friend says his logo is "trademarked". Or a supplier tells you the same about his brand. You believe him, but a small doubt stays. Is it really registered?

Many people say "trademarked" when they have only been using the name for some years. Some have applied and are still waiting for the result. Only a few actually have a registration.

This guide explains how to do a registered trademark search on the portal, how to check a logo trademark, and what the status written next to each result means.

Registered, pending or only using the name?

Registered means the Registry has accepted the mark and given a registration certificate. Pending means the application is filed and is still going through examination, publication and, sometimes, opposition. And some brands have not filed anything, but they still write ™ next to their name.

Watch the ® sign. It can be used only for a registered mark, and if someone uses it before registration, penalties are possible. So if a brand shows ®, you can verify it in a few minutes. If it shows only ™, do not assume anything. For more details, read the difference between TM and R symbol.

Use the official portal

The search is at tmrsearch.ipindia.gov.in, run by the Registry itself. You have to enter a captcha, which can be annoying, but there is no login for a basic search and no fee.

There are many private websites that also offer trademark search. Most of them take data from the same register, and sometimes the data comes a little late. If your decision depends on the result, like buying a brand, filing your own application or handling a dispute, check the government record yourself.

How to do the search

Open the page, enter the captcha and select the search type. Wordmark is for names. Phonetic is for names that sound similar. Vienna Code is for logos, which we will see below.

Now type the name. Start with a "Contains" type search, because it also shows names with extra words. If too many results come, narrow it down.

Next, select the class. There are 45 classes.

- Classes 1 to 34 are for goods,
- 35 to 45 are for services and the search works for one class at a time. 

If you are not sure which class your business falls in, use the trademark class search tool, or read how to pick the right trademark class.

Two things to remember. First, search the main word of your name, not only the full name. Say your brand is "Sharma Fresh Dairy", then search "Fresh" also.

The next step is to do the phonetic search even if the normal search shows nothing. "Ceplex" and "Celplex" are spelt differently but sound the same, and the Registry considers them as similar.

How to check a logo

If you type the name of a logo, you will not find the logo. For images, the Registry uses Vienna codes. These are numbers given to the things present in a design. A lion has one code, a star has another, and a circle has another.

Select Vienna Code as the search type, enter the code of the main element in your design, select the class and go through all the results.

A matching code does not always mean there is a conflict. And if nothing comes up, it does not mean your logo is safe. If your logo has some words in it, search those words as a wordmark also. If you want to file your logo, read how to trademark your logo.

What the status means

Most people get confused about what the status means, here is a complete breakdown.

Registered does not mean registered for life. It is valid for ten years, and the owner has to do trademark renewal to keep it active.

If you have the application number

Then there is no need to select any search type. Use the status option called Trade Mark Application or Registered Mark and enter the number. For a registered mark, this number is also the registration number.

If you do not have the number, you can search with the mark, owner name and class. Owners can see a little more here, like the renewal date and a copy of the certificate.

The Registry itself says the data can have some errors and missing details. So if something looks wrong, take it as a strong clue and confirm it.

Common mistakes

Checking only the exact spelling. Checking only one class when your business is in two. And thinking that a free domain name or an approved company name means you own the brand. It does not. Those say nothing about trademark rights.

You found something, now what?

Registered by someone else in your class? Better to change the name before you spend on branding, or first talk to a specialist.

Pending? Still important. A pending application can block yours.

Nothing found? Good, but it is not a guarantee. Someone may be using the name without registering it. A full trademark availability check looks at this risk, not just the results page.

If the name is clear, go ahead and file. Trademark registration is what changes "I use this name" into "I own this name".

A basic search takes only a few minutes. Do it before you print anything.