Why checking comes first
A brand name is cheap to change before launch and painful to change after. Once you print labels, build a following and rank on Google, a clash can force a rebrand. The Trade Marks Act refuses a mark that is identical or similar to an earlier one for similar goods, if buyers could be confused. It also refuses marks that only describe the product, such as its kind, quality or origin. So you are checking two things. Is someone else using the name? And is the name distinctive enough to protect?
The five checks, step by step
- Search IP India's public trademark database for the exact name, other spellings and names that sound alike.
- Narrow the results to the classes that match what you sell, such as clothing or cosmetics.
- Run the name through the MCA's Check Company/LLP Name search, leaving out suffixes like Private Limited.
- Check that the .in and .com domains are free, along with the social handles you need.
- Search Amazon, Flipkart, Meesho and Google for sellers already using the name on similar products.
Reading trademark search results
The public search on IP India asks you to log in with a one-time password sent to your email or mobile. It also has tabs for class details and for well-known marks. Do not stop at exact matches. A mark that looks or sounds close, in the same class, can still block you. Note each match's status and class, and keep dated screenshots. If a well-known mark shares your name, move on. The Act can protect those even for unrelated goods.
The MCA company and LLP name check
If you plan to form an LLP or a company, the MCA runs its own name check. Its Check Company/LLP Name search lists existing names, with their status and any previous name. The MCA's SPICe+ rules for new companies go further. A proposed name that is identical to, or too nearly resembles, an existing company or LLP is treated as undesirable. So is one that matches a name someone else has reserved. If your name includes a registered trademark, you need the owner's consent. You can apply for two names in SPICe+ Part A, and the approved one is reserved for 20 days. Reserving a name on its own costs ₹1,000.
Domains, handles and marketplaces
Legal checks are not enough on their own. If the matching domain belongs to someone else, buyers who type your name may land on their site. Look for the .in and .com domains, and a handle that is the same on Instagram, Facebook and YouTube. Then search the marketplaces. A Meesho seller with your name and a similar product will confuse buyers, even without a trademark. Clever spellings rarely fix this, because people search the way a name sounds.
Once the name is clear
When a name passes every check, move fast. File your trademark application in the classes you sell in, and use TM on your packaging until it is registered. Buy the domain and claim the handles the same day. On The Storemate you can launch on a free subdomain today and connect your own domain once your name is settled. For a close call on similarity, check with a trademark lawyer.