9Jun, 2025
How to Know If Your Firearms or Ammunition Brand Name Is Already Trademarked (Class 13)

Before filing a trademark application for goods classified under Class 13, which includes firearms, ammunition, explosives, and defense-related products, conducting a proper online trademark search is a critical first step. A well-executed search helps you avoid potential conflicts with existing marks and increases your chances of successful registration.

In this blog, we will walk you through a detailed, step-by-step guide on how to conduct an online search for Class 13 trademarks in India, using the tools available from the Controller General of Patents, Designs and Trademarks (CGPDTM).

What Is Trademark Class 13?

Trademark Class 13 is one of the 45 trademark classifications under the Nice Classification system used by India. Class 13 specifically pertains to:

  • Firearms
  • Ammunition and projectiles
  • Explosives
  • Fireworks

This class is commonly used by manufacturers and dealers of guns, bullets, fireworks, and defense equipment.

Before applying for trademark protection, it is essential to ensure that your brand name, logo, or slogan does not already exist or resemble another registered mark in the same class.

Why Conduct an Online Search Before Filing?

  1. Avoid Legal Complications: Identical or similar trademarks can lead to objections or oppositions.
  2. Save Time and Money: Filing a trademark that will eventually be rejected wastes application fees and legal costs.
  3. Strengthen Your Application: Knowing the competitive landscape allows you to create a more distinctive brand.

Tools You Will Need

To search for existing trademarks, the Indian Trademark Registry provides a free online search tool known as the Public Search Tool on the official IP India website:

From the homepage, navigate to: Trade Marks > Public Search

Step-by-Step Guide to Conducting a Trademark Search for Class 13

Step 1: Access the Public Search Tool

Step 2: Choose the Correct Class

  • In the search tool, you’ll find a drop-down menu labeled Class
  • Select Class 13 from the options

Step 3: Enter Your Proposed Trademark

  • In the Wordmark field, type your brand name or keyword.
  • Keep it simple and avoid using prefixes or suffixes during the initial search.

Step 4: Choose the Search Type

You will be given three options:

  • Start With: Returns trademarks that begin with your keyword
  • Contains: Returns trademarks that contain your keyword anywhere
  • Match With: Returns trademarks that exactly match your keyword

For best results, begin with “Start With” and then try the other two options.

Step 5: Click on ‘Search’

  • Once you click on ‘Search,’ the system will display a list of existing trademarks under Class 13 that match your criteria.

Step 6: Analyze the Results

Each result will contain information such as:

  • Trademark number
  • Status (e.g., Registered, Objected, Abandoned)
  • Owner name
  • Application date

Pay special attention to the Status. Avoid using a mark that is already Registered or Advertised before Acceptance.

Additional Tips for a Comprehensive Search

1. Use Variations of Your Brand Name

  • Check spelling variations and phonetic equivalents
  • Try different word combinations if your brand name is multi-worded

2. Search Logos and Device Marks

If your trademark includes a logo or design element, search using the Vienna Code Classification on the same website.

3. Use Professional Help

While the tool is free and open to all, it can be technical. A trademark attorney or agent can help interpret results and provide a risk analysis.

Common Mistakes to Avoid

  • Ignoring similar marks: Even if not identical, similar marks can lead to rejection
  • Not checking phonetic similarities: Words that sound alike can also be objected to
  • Overlooking abandoned or expired marks: These may still be in the process of revival

What to Do After Your Search

If your trademark appears to be unique:

  • Proceed with filing your application with confidence

If your trademark conflicts with existing ones:

  • Consider modifying your mark
  • Add a logo or additional words to make it unique

Conclusion

Trademark Class 13 includes products that are highly sensitive and often subject to additional scrutiny. Therefore, it’s more important than ever to ensure that your brand name is both distinctive and legally available. By conducting a thorough online search before registration, you can reduce legal risks, save time and money, and strengthen your brand’s protection.

Remember, the key to a successful Class 13 trademark application starts with an informed and careful search process. If you’re unsure about interpreting the search results or need help with filing, consulting with a professional service like VMK Professionals can make the journey smoother.

About VMK Professionals

At VMK Professionals, we specialize in trademark registration across all classes, including the complex and sensitive Class 13. Our team of experts can help you with everything—from conducting an in-depth trademark search to filing and defending your mark. Get in touch today to protect your brand with confidence.