Trademark Class & Availability Search
Find the right class for your goods or services and check whether a conflicting mark is already on the register.
Before filing a trademark you need to answer two questions: which class covers what you actually sell, and is anyone already using something confusingly similar in it. Getting either wrong wastes the government fee, because it is not refunded when an application fails.
The class decides the scope of your protection. Trademarks are registered against forty-five classes of goods and services, and your rights extend only to the classes you file in.
What this costs
TM Filing (Non-MSME)
₹2,839 plus GST
- Trademark search before filing
- Trademark application filed
- Covers one trademark class
- Trademark Software
- Government fee payable separately, directly to the department
Why the class matters so much
A restaurant brand registered in class 43 for restaurant services has no protection over packaged food sold under the same name in class 30. Someone else can register it there, and you will have little to say about it.
If you intend to extend the brand across categories, filing the additional classes at the outset is far cheaper than discovering the gap once a competitor has taken the class you needed.
What a proper search covers
- Identical marks in the classes you intend to file in
- Phonetically and visually similar marks, not just exact matches
- Similar marks in related classes, where confusion is plausible
- Marks that are pending as well as registered, since they have priority
- Marks that have been opposed or removed, which affects availability
- Well-known marks, which are protected across all classes
- Company and LLP names on the corporate register
What the search cannot tell you
A search establishes what is on the register. It cannot reveal an unregistered prior user with common law rights built through actual trade, and such a user can oppose your application or sue for passing off.
It also cannot predict how an examiner will exercise judgement on distinctiveness. A search reduces risk substantially; it does not eliminate it, and we say so rather than promising certainty.
How we handle it
- 1 Understanding the business We establish what you actually sell and what you plan to sell, since that determines the classes.
- 2 Identifying classes The correct class or classes are identified, including any you should file in defensively.
- 3 Searching The register is searched for identical and similar marks, including phonetic variants and related classes.
- 4 Assessing risk We give you a plain view of the prospects — strong, arguable or unlikely — rather than an encouraging one.
- 5 Recommending Where the mark is weak we say so and discuss alternatives, before any filing fee is committed.
Frequently asked questions
How many classes should I file in?
At minimum, the class covering what you sell now. Additional classes are worth filing where you have a concrete plan to extend, because acquiring a class later may not be possible.
Does a clear search guarantee registration?
No. It substantially reduces risk but cannot reveal unregistered prior users, and it cannot predict how the examiner will assess distinctiveness.
Can I search the register myself?
The public search facility exists, but it matches largely on text. Phonetic similarity, similar marks in related classes and well-known mark issues are what a professional search adds.
What if my mark is already taken?
Options include modifying the mark, filing in a different class where the conflict does not arise, seeking consent from the proprietor, or applying to remove the earlier mark for non-use.
Is a company name the same as a trademark?
No. Company registration prevents another company being incorporated with an identical name. It gives you no rights against a business using the name as a brand — only a trademark does.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Trademark Class & Availability Search
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
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