How to Do a Free Trademark Search for Your Hand Tool Brand Name
Before launching your new hand tool or cutlery brand, one of the most crucial steps you should never skip is checking whether your desired brand name is already trademarked. This simple yet powerful step can save you from potential legal battles, rebranding costs, and the disappointment of finding out your chosen name is already protected by someone else. For businesses in Trademark Class 8—which covers hand tools, cutlery, and similar products—performing a proper trademark availability check is not just a best practice, it’s a necessity for brand safety.
In this comprehensive guide, we’ll walk you through everything you need to know to check whether your tool brand name is already trademarked in India. From understanding what a trademark availability search is to step-by-step instructions using India’s official trademark search portal, we’ve got you covered.
Why a Trademark Availability Search Matters for Tool Brands
Imagine spending months building your brand—logo, packaging, promotions—only to receive a legal notice because another company owns the trademark for a similar name. This happens more often than you might think. In Class 8, which includes products like spanners, hammers, saws, screwdrivers, cutlery, and more, competition is fierce. Many names that sound generic or clever may already be registered or pending approval.
By performing a trademark availability search:
- You avoid trademark infringement issues.
- You protect your branding investment.
- You ensure smooth registration without objections or rejections.
- You gain confidence to proceed with manufacturing and marketing.
What is Trademark Class 8?
Trademark Class 8 under the NICE classification covers:
- Hand tools and implements (manually operated)
- Cutlery, forks, and spoons
- Razors and sharpening instruments
This includes items like pliers, wrenches, hand saws, files, screwdrivers, and knives used in kitchens or workshops. If your product belongs to any of these categories, your brand name needs protection under Class 8.
Tools You Can Use to Check for Trademark Availability
There are two main resources for checking if your brand name is already registered:
- IP India Trademark Public Search Portal
Website: https://ipindiaonline.gov.in/tmrpublicsearch - Private Trademark Search Tools
Some legal platforms like QuickCompany, VakilSearch, or LegalWiz offer enhanced search features.
We recommend starting with the official IP India portal since it’s free and reliable.
Step-by-Step Guide to Check Trademark Availability Online
Step 1: Visit the IP India Trademark Search Portal
Go to https://ipindiaonline.gov.in/tmrpublicsearch.
This portal is managed by the Controller General of Patents, Designs and Trademarks, Government of India.
Step 2: Choose the Search Type
You will see three options:
- Wordmark
- Vienna Code
- Phonetic
For brand name checks, select Wordmark.
Step 3: Enter Your Brand Name
In the search field:
- Type the exact brand name you plan to register.
- Set the class number as “8” (for hand tools and cutlery).
- You can choose from three match types:
- Start With – Matches names beginning with your brand.
- Contains – Matches any trademark that includes your brand name.
- Match With – Shows exact matches.
Start with “Start With” and then expand to other filters for broader results.
Step 4: Analyze the Results
Once you click “Search,” the portal displays a list of trademarks filed or registered with similar names. You’ll see:
- Application number
- Brand name
- Status (Registered, Objected, Abandoned, etc.)
- Class
- Owner name
Step 5: Evaluate Conflicts
If your desired brand name:
- Is already registered: Avoid using it. Choose a new name.
- Is similar or phonetically close: It may cause confusion and be rejected.
- Is objected/abandoned: It may still be risky. Check why it was objected.
What If Your Brand Name is Already Taken?
If the exact or similar name is already registered in Class 8, consider:
- Slightly modifying the name.
- Adding a distinctive prefix/suffix.
- Creating a unique coined word.
- Conducting a phonetic search to spot risks.
Always ensure your revised name is unique, distinctive, and does not sound or look similar to any existing mark.
Things to Keep in Mind While Checking Availability
- Phonetic Similarity Matters
Even if spellings differ (e.g., “ToolX” vs. “Toolex”), similar-sounding names may lead to rejection. - Cross-Class Conflicts
If your name is famous in another class (e.g., electronics), it might still lead to opposition. - Trademark Status
Just because a mark is marked “Abandoned” doesn’t mean it’s safe. Past disputes can still impact your filing. - Pending Applications
If a similar name is pending, yours might be halted until the earlier application is resolved.
After the Search – What Next?
If your search shows no major conflicts, the next step is filing the trademark application.
Filing Options:
- Online through IP India portal
- Through a trademark agent or legal expert
Make sure your application is complete with:
- Owner details
- Brand name and logo (if applicable)
- Goods description under Class 8
- Power of Attorney (if filed via an agent)
Can You Do It Yourself or Hire a Professional?
While you can conduct a basic search yourself, it’s always recommended to consult a trademark professional, especially for:
- Drafting an effective goods description
- Identifying phonetic or visual similarities
- Handling legal objections or oppositions
Why Checking Trademark Availability is Crucial in Class 8
Class 8 is one of the most competitive and crowded trademark classes in India. From small-scale hand tool manufacturers to international cutlery brands, thousands of trademarks are filed every year. Without a proper search:
- You might waste time and money on a name you can’t use.
- Your application could be rejected or opposed.
- You may end up in lengthy legal disputes.
Starting with a proper trademark search is your first defense against all these risks.
Final Thoughts
Conducting a thorough trademark availability check before applying under Class 8 is the smartest step any tool or cutlery business can take. It helps ensure your brand is legally safe, market-ready, and positioned for long-term success.
About VMK Professionals
At VMK Professionals, we specialize in end-to-end trademark registration services for businesses across India. Whether you’re launching a new hand tool line or expanding your cutlery brand, our experts can help you search, register, and protect your Class 8 trademark with ease. We handle every step—from clearance searches and filing to responding to objections and maintaining your trademark. With us, your brand is in safe hands.
Contact VMK Professionals today and secure your tool brand name before someone else does!