How to Check if Your Business Name is Eligible for a Trademark?

Choosing the perfect business name is one of the first big steps when starting a company. But how do you ensure your chosen name is legally safe and available for trademark registration? Many entrepreneurs make the mistake of skipping this crucial step and face legal issues later. In this blog, we will guide you on how to check if your business name is eligible for a trademark, especially if you're planning for trademark registration in India.

A trademark is not just a legal right — it's a tool to protect your brand identity. Your business name, logo, or tagline becomes part of your identity in the market, and registering them as trademarks ensures that no one else can legally use them.

Why Trademark Registration Is Important

Trademark registration is important because it gives you exclusive rights to use your brand name across the country. If someone else tries to use a similar name for similar products or services, you can take legal action. For startups and small businesses, this protection is valuable in building trust and brand recognition. Company Trademark Registration also adds credibility and professionalism to your brand.

Without trademark registration, your brand name remains vulnerable to misuse and duplication. This can harm your reputation, confuse your customers, and even cause a loss of revenue.

Step-by-Step Guide: How to Check Trademark Eligibility for Your Business Name

Let’s break it down into simple and practical steps that you can follow:

1. Conduct a Trademark Search

The first and most important step is to do a proper Trademark Search. This helps you find out whether your chosen business name or a similar one has already been registered by someone else. It’s a smart move to avoid legal issues and rejection during the trademark registration process.

How to Do a Trademark Public Search:

Go to the official website of the Controller General of Patents, Designs, and Trademarks (IP India):
https://ipindiaonline.gov.in/tmrpublicsearch/

Once you're on the page, follow these steps:

• Choose “Wordmark” in the search type.
• Select the relevant class that matches your business activity. (For example, if you’re offering IT services, you might fall under Class 42.)
• Type your business name in the search box.
• Click on “Search.”

The system will show you a list of registered or pending trademarks that match or resemble your brand name. If you find a match, you may have to rethink or modify your business name.

2. Avoid Generic or Descriptive Names

A common mistake many businesses make is choosing a generic or descriptive name like “Fresh Water” for bottled water or “Good Computers” for electronics. These names are difficult to register because they describe the product rather than identify a brand. The trademark office usually rejects such applications.

Choose a name that is unique, catchy, and has no direct link to the product’s nature or features. Made-up words, coined terms, or unique combinations work best for company trademark registration.

3. Check Domain Name and Social Media Availability

While checking your business name’s trademark eligibility, don’t forget to check if the domain name (website URL) and social media handles are available. This step is crucial for building a consistent brand image online.

Having matching domain and social media handles helps customers find your business easily and adds to your brand credibility.

4. Check the Classification of Your Products or Services

Trademarks are registered under specific classes according to the NICE Classification (a global system for classifying goods and services). In India, there are 45 classes — 1 to 34 for goods and 35 to 45 for services.

Make sure you select the correct class while doing a search brand name process. Choosing the wrong class can delay your trademark application or cause rejection.

For example:

• Class 25: Clothing and Footwear
• Class 30: Food and Beverages
• Class 35: Advertising and Business Services
• Class 41: Education and Training

5. Avoid Names That Are Identical or Similar to Well-Known Brands

Even if a name is not registered, it doesn’t mean it’s safe to use. If your chosen name is too similar to a well-known brand, your application may be rejected or you may face legal challenges.

For example, if you choose something like “Nikee” for shoes, it will be seen as deceptively similar to “Nike,” even though the spelling is different. It’s always better to create something fresh and original.

6. Use Professional Help if Needed

If you’re unsure about doing a trademark search on your own, you can consult a legal expert or a trademark consultant. They can help you conduct a deeper search and check if there are any similar or confusingly similar trademarks in related classes.

Professional help becomes more useful when your brand name has multiple words or if you're planning to register a logo and tagline as well.

7. File the Trademark Application

Once you’re sure your business name is unique and eligible, you can proceed with trademark registration. The process can be done online through the IP India website.

Here are the basic steps:

• Create an account on the IP India website
• Fill out the TM-A application form
• Upload required documents (identity proof, business proof, logo, etc.)
• Pay the government fee
• Apply and get the acknowledgment number

After submission, your trademark application goes through several stages like examination, publication, and registration. If no objections are raised, your trademark will be registered and you will receive a registration certificate.

Conclusion

Checking if your business name is eligible for a trademark is a smart and necessary step before you build your brand. Doing a proper Trademark Search, understanding classification, and avoiding common pitfalls can save you from future troubles. Trademark registration in India not only protects your identity but also boosts your brand’s legal standing and market value.

Remember, it’s not just about having a great name — it’s about securing it legally through proper company trademark registration. So, take your time, search brand name options wisely, and lock in your brand with a strong trademark strategy.

FAQs

1. Is it mandatory to do a trademark search before applying for registration?

It’s not legally mandatory, but doing a trademark search is highly recommended. It helps you avoid rejection and legal disputes by checking if your name is already taken or too similar to an existing trademark.

2. How long does the trademark registration process take in India?

The process usually takes 6 to 12 months if there are no objections or opposition. However, you can start using the ™ symbol immediately after applying.

3. Can I trademark a name that is already in use but not registered?

It depends. If someone is already using the name and has built goodwill, even without registration, they may still have legal rights. It’s best to choose a name that’s truly original and available across all platforms.