Most founders spend weeks choosing a business name. They check if the domain is free, if the Instagram handle is available and if the name sounds good out loud. What often gets skipped is the most important check of all: whether someone already owns the name as a trademark.
A free domain does not mean a free name. Domain registrars do not check trademark records, so it is entirely possible to buy a domain, print packaging and build a following, only to receive a legal notice from an earlier trademark owner months later.
A simple routine before finalising a name:
1. Search the trademark database. In India, the public search on the IP India website shows marks that are already filed or registered.
2. Search in the right class. Trademarks are grouped into 45 classes. A bakery name only conflicts with similar names in the same or related classes, not with every business using that word.
3. Look for similar, not just identical, names. A name that sounds alike or looks close to an existing mark can still be refused or opposed.
4. Avoid purely descriptive names. Names like "Best Coffee" or "Quick Repairs" are hard to register because they only describe the product.
5. File early. In India, the TM symbol can be used as soon as an application is filed, which signals the claim to competitors.
Once the name is clear, the next step is the actual filing process. This guide on trademark registration in India explains the documents, government fees and each stage from search to certificate.
What checks did others here run before settling on a business name?