Updated on March 31, 2025 12:55:03 PM
Trademark availability is another important factor that is considered highly important by businesses and individuals who want to come up with an exclusive brand name and symbol in a particular market. Trademark Clash involves determining the compatibility of a proposed trademark for registration in light of barriers such as other similar trademarks and intellectual property. It makes it easier to notice areas with similarities with existing trademarks, thereby avoiding exploitation in the future as well as getting legal protection. This process involves running a search on existing trademark databases, local or international, with similar marks. In this guide, we will discuss the importance of trademark availability, the process of a trademark search, the obstacles that can be encountered during this process, as well as legal consequences of trademark disputes.
Trademark Availability ensures that a brand name can be legally secured without infringing on existing trademarks. Conducting a trademark availability search is essential for businesses and individuals looking to protect their brand. This search involves reviewing official trademark registers to identify any similar or conflicting trademarks.
If you are curious to know how to search for the availability of a trademark, then there is a trademark search link available on the official website of the Indian Trademark Registry. Trademark clearance search entails scanning databases and business lists and conducting domain searches with a view to exposing any looming clash.
Trademark availability search in India will enable businesses to get the legal protection to avoid the infringement issues and make trademark registration easy in India. Trademark availability must be learned so as to ensure securing of the exclusive rights in regard to a certain brand and thus makes trademark availability in India a crucial factor in creating a strong market presence and defending legal ownership over the intellectual property.
Before launching a new product or service, it is essential to ensure that the desired trademark is available for use. The primary reasons for conducting a trademark availability search include:
A trademark availability search involves examining existing trademarks to determine if your proposed mark is available for registration. Here are the key steps involved:
Start with a basic search in the trademark registry database to identify any identical or confusingly similar marks. This initial step helps filter out obvious conflicts.
For a thorough investigation, conduct a comprehensive search that includes:
This step helps uncover less obvious conflicts that may not appear in the initial search.
Assess the results of your search to determine if there are any conflicting trademarks. If similar marks exist, consider factors such as:
If conflicts arise or if you are unsure about the results, consulting with an intellectual property attorney can provide clarity and guidance on how to proceed.
The fee for trademark registration in India vary based on the type of applicant and the filing method. Here’s a general breakdown:
| Stages | TM Govt. Fees (Online) | TM Govt. Fees (Offline) |
|---|---|---|
| TM Registration fees for individuals | ₹4,500/- | ₹5,000/- |
| TM Registration fees for Company | ₹9,000/- | ₹10,000/- |
| TM Amendment fees | ₹900/- | ₹1,000/- |
| Trademark Renewal fees | ₹9,000/- | ₹10,000/- |
| Trademark Restoration fees | ₹9,000/- | ₹10,000/- |
| TM Belated Renewal fees | ₹9,000 + ₹3,000/- | ₹10,000 + ₹3,000/- |
| Trademark Rectification fees | ₹900/- | ₹1,000/- |
| Trademark Opposition process fees | ₹2,700/- | ₹3,000/- |
| Hearing fees of TM registration | Nil | Nil |
| Fees for Reply to TM Examination Report | Nil | Nil |
Note: Professional fee charges for Trademark registration is ₹1,999 only with Professional Utilities
If your trademark search reveals conflicts, here are some strategic ways to resolve them and secure your brand legally.
The verification of a trademark is an important step in creating a unique brand image, and having an idea that nothing similar to that is taken by someone else helps in avoiding legal battles. Carrying out a thorough trademark search assists in the discovery of those trademarks that may pose serious problems when registering the trademark and minimize future legal cases. It protects organizations from losses because of the infringement claims and improves consumers’ trust by building a separate niche. Because of such conflict, legal protection can be achieved by changing the proposed mark, engaging in license negotiation, or selecting another one. Trademark search prioritization is relevant to providing legal protection, brand development, and building a company’s stable long-term market position.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
.svg)
You can check the availability of a brand name by conducting a trademark search on the official IP India website or using professional trademark search services.
A trademark in India is valid for 10 years from the date of registration and can be renewed indefinitely every 10 years.
The cost of trademark registration in India starts at ₹4,500 for individuals and startups and ₹9,000 for companies, excluding professional fees.
The required documents for trademark registration include identity proof, business registration, trademark logo, proof of use (if applicable), and Power of Attorney.
Speak Directly to our Expert Today
Reliable
Affordable
Assured
Call us on
+91 9821113117
[Mon - Sat, 10am - 7pm]
Write to us
8th Floor, Bhandari House - 91, 804,
Nehru Place, New Delhi 110019
Reliable
Affordable
Assurity
They've been very helpful in our registration with ICEGATE. It was a small thing with a small amount paid which somehow escalated to a very painful procedure. Never did they say "You've only paid so much. It's too much effort for us.".
Very pleased with their service. Prompt, professional and great communication. Definitely recommend. Special mention for Ms. Razia - she handled our case.
Professional Utilities is fully professional in their work, Rates are too low and genuine. Services and satisfaction are high so I highly recommended Professional Utilities.
They are one of the most genuine and reasonable people. I applied for lmpc certificate through them and they charged me a very nominal amount as compared to what other firms asked .
