Most founders check in the wrong order: they register a company or buy a domain first, then find out the name cannot be a trademark. The order below puts the check that matters most, the trademark search, ahead of the cheaper and easier ones.
Which names should you shortlist before you check brand name availability?
Pick three to five names, not one. If you fall in love with a single name before searching, you will argue with the results instead of reading them.
Avoid names that simply describe the product (for example, a word that names the thing you sell) or that are common dictionary words for your category. The Registry can object to these as lacking distinctiveness, and even when they pass, you will struggle to stop copycats. Invented or unusual words are usually safer than descriptive ones. Our guide on trademark objections and how to reply explains why descriptive names get stuck.
How do you check trademark availability on IP India?
Use the Trade Marks Registry's free public search. At the time of writing it sits at tmrsearch.ipindia.gov.in and asks you to log in with a one-time password sent to your email or mobile number. Menu names and layout change, so treat the labels below as a guide and follow what the portal shows.
- Run a word mark search for each shortlisted name, using the match options (such as starts with, contains, or exact) to widen or narrow results.
- Run a phonetic search as well. Names that sound alike can be treated as similar even when spelled differently, so "Kaya" and "Kaia" are the same problem.
- Search by class. Use the class that matches your goods or services, and also search related classes. Classes 1 to 34 are goods and 35 to 45 are services.
- If you have a logo, the portal also has a Vienna code search for figurative elements. The Registry has also linked an AI-based search tool from the portal; we have not tested how reliable it is, so do not rely on it alone.
Also search without a class filter once. A well-known mark can be protected beyond its own class, and you want to know early.
What do the results on the IP India search mean?
Each record shows a status. The exact wording on the portal can vary, but these are the ones that matter for you.
| Status | What it generally means | For your name |
|---|---|---|
| Registered | The mark is on the register | Serious red flag if similar and in a related class |
| Accepted and advertised | Published in the Trade Marks Journal, open to opposition | Treat like registered; it is likely to proceed |
| Objected | Examiner has raised objections; applicant must reply | Still pending. It may be refused or may succeed, so do not assume it is gone |
| Opposed | Someone has filed a notice of opposition | In dispute. It can take years; do not count on it clearing |
| Abandoned | Applicant did not reply in time | Weaker barrier, but the owner may still use the name or refile |
| Withdrawn or refused | Application is no longer active | Usually not a barrier, but check if the business still uses the name |
A dead record is not a green light. The brand may still be trading and could object to your use under passing off. Search the name on Google and Instagram too.
How do you check if a company or LLP name is available on MCA?
If you plan to register a Pvt Ltd, OPC or LLP, check the name on the Ministry of Corporate Affairs (MCA) portal. For a company, the name is proposed in SPICe+ Part A, which is the name reservation step; for an LLP, name reservation is a separate step before the incorporation form. The MCA site also has a "Check Company Name" style search under its services menu. Tool and form names have changed over the years, so confirm the current flow on mca.gov.in or ask your registration professional.
Keep in mind what MCA approval does and does not mean. It only tells you the name does not clash with another company or LLP name and follows the naming rules. It says nothing about trademark rights. A company name can be approved even when someone else owns the same trademark, and the trademark owner can later force a change. We explain this in company name, domain and handle versus trademark rights, so we will not repeat it here. A reserved name is also held only for a short period (reportedly 20 days for a new company), so do the trademark search first.
If you have not picked a structure yet, see our business registration page.
Should you check the domain and social handles next?
Yes, but after the trademark and MCA checks. Domains and handles are cheap to change; a brand name on packaging is not.
- Domain: check the .com and the .in. If .com is taken by an active business in your category, that is a signal to rethink, not to add a hyphen.
- Instagram, Facebook, YouTube: check the exact handle and close variants. A matching handle across platforms helps customers find you.
- Search the name on Google: look for businesses using it, even if unregistered.
Why search Amazon and Flipkart for the name too?
Many small D2C brands are never registered but are selling on marketplaces. Search your name and its spelling variants on Amazon, Flipkart and Meesho in your product category. A seller already using a similar name can still file before you or object later. This is also where infringement complaints would come from.
What should you do once a name looks clear?
File the trademark application (Form TM-A) before you print packaging, order stock or run ads. The government e-filing fee is ₹4,500 per class for individuals, startups and small enterprises and ₹9,000 per class for others; confirm the current fee on the IP India fee page. Use the ™ symbol from the day you file and ® only after registration. Registration usually takes a year or more, as covered in how long trademark registration takes.
A clean search lowers risk. It does not guarantee registration, because the examiner can still raise objections or a third party can oppose.
What is the one-page checklist?
| Check | Where | What a red flag looks like |
|---|---|---|
| Descriptive or generic word | Your own judgement, dictionary, Google | The name describes the product or is a common word for the category |
| Trademark word search and phonetic search | IP India public search | Same or similar-sounding mark, registered, advertised or pending, in your class or a related one |
| Company or LLP name | MCA portal | Name rejected as too similar to an existing entity |
| Domain | .com and .in registrars | Active business in your category owns it |
| Social handles | Instagram, Facebook, YouTube | Active page with same name selling similar goods |
| Marketplaces | Amazon, Flipkart, Meesho | Existing brand or seller listing in your category |
| Filing | IP India e-filing, Form TM-A | Packaging printed before filing |
What we'd check in your case
We would run the word and phonetic searches across your class and the related ones, read the status of every close match, and tell you plainly if a name is too risky, before you spend on a company or packaging. If your name is clear, we quote the filing in writing at a fixed price. See our trademark registration service for what is included, or send us your shortlist on WhatsApp.
Not sure how this applies to you? Tell us what you sell and where. We'll tell you what you need, and what you don't, in a free 15-minute fit check.
Ask on WhatsAppRelated questions
Can I check trademark availability in India for free?
Yes. The Trade Marks Registry's public search is free, though it needs a one-time password login with your email or mobile number. You can search by word mark, phonetically and by class. A paid search report from a professional adds a reading of the results, but the raw register data is the same.
Is a name safe to use if no one has registered it as a trademark?
Not necessarily. Someone may already be using it without registering, and unregistered users can have rights through prior use. A pending application, an abandoned record or a live Instagram page selling similar goods all deserve a look before you commit.
Do I need to reserve the company name before filing the trademark?
No. Trademark filing does not depend on a company existing, and individuals and proprietorships can apply. If you plan a company, check trademark availability first, then reserve the company name, so you do not end up with a registered company whose name you cannot protect.
How many names should I check before deciding?
Three to five. Checking several gives you fallbacks if your first choice has a close match, and it stops you getting attached to a name that is blocked. Run each one through the same checks in the same order.
Can I print packaging after filing the trademark application?
You can use the ™ symbol from filing, but the application can still be objected to or opposed. For a first print run, keep quantities modest until the examination report is clear, and do not use the ® symbol before registration.
See our service: Trademark registration →
Sources
- IP India Trade Mark Public Search portal
- IP India - Forms and Fees (Trade Mark Rules 2017)
- MCA SPICe+ FAQs (name reservation, Part A)
- S.S. Rana - Trademark status in India
- CalcGuru - How to do a trademark public search in India
- Quicko - Name reservation RUN-LLP
General information based on rules as of November 2026, not legal or tax advice for your specific case. Rules change; we confirm what applies to you before any filing.