How to Check Class 9 Trademark Availability Before Filing (2025 Guide)
Before launching any electronic product, mobile app, or software brand, ensuring your name is unique isn’t just smart—it’s crucial. One of the most common reasons for trademark rejection is conflict with an existing brand name. If your business falls under Trademark Class 9—which includes a wide range of tech and electronic goods—it’s even more essential to check trademark availability before applying. This guide will walk you through the complete process of verifying trademark availability for Class 9, ensuring your application is clean, strategic, and more likely to succeed.
What is Trademark Class 9?
Trademark Class 9, as defined under the Nice Classification, is a category that includes:
- Computer software and mobile apps
- Scientific, nautical, surveying, photographic, cinematographic, optical, and weighing instruments
- Electrical and electronic apparatus
- Smart devices, wearables, and communication equipment
- Magnetic data carriers, recording discs, compact discs, DVDs
- Fire-extinguishing apparatus, safety equipment, and alarms
- Eyewear like spectacles and sunglasses
If your product or service belongs to any of these, then Class 9 is your trademark class.
Why Checking Trademark Availability is So Important
Trademark registration is not a guarantee of approval. A common mistake many businesses make is skipping the pre-filing availability check. Here’s why this step matters:
- Avoid Rejection: Conflicts with existing marks lead to outright refusals or oppositions.
- Save Time and Money: Trademark applications involve filing fees and professional charges. Reapplying due to name conflicts means spending double.
- Protect Brand Identity: A similar name in the same class may cause confusion, diluting your brand’s uniqueness and credibility.
Step-by-Step: How to Check Trademark Availability in Class 9
Now let’s break down the exact steps to check if your brand name is available in Trademark Class 9.
Step 1: Understand the Core Goods or Services You Offer
Begin by identifying what exactly you are selling. Within Class 9, the spectrum is wide—from smartwatches to machine-learning software.
Ask yourself:
- Is it a physical product or software?
- Is it consumer-grade or meant for industrial/scientific use?
- Does it include downloadable content, apps, or hardware?
The more clearly you define your product, the better the keyword filtering will be during your search.
Step 2: Visit the Indian Trademark Search Portal
Go to the official IP India Trademark Public Search website:
👉 https://ipindiaonline.gov.in/tmrpublicsearch
This is the official portal by the Government of India, free for public use.
Step 3: Select the Right Search Criteria
Once you’re on the site:
- Choose “Wordmark” under search type.
- Set Class as 9.
- Type your proposed brand name in the Wordmark field.
For better results:
- Keep “Start With” selected if your name is unique.
- Use “Contains” if your brand name is common or may be part of other names.
Example: If your proposed brand name is “Electrobit”, searching “Contains Electro” may reveal similar names like “ElectroPower,” “Electrobite,” etc.
Step 4: Analyze the Search Results
Once the results appear, here’s what to look for:
- Exact Matches: If any mark matches your name exactly in Class 9, registration may be difficult.
- Similar Sounding Names: Even phonetic similarities can cause rejection.
- Mark Status:
- Registered: Actively protected trademark.
- Objected / Opposed: Pending with disputes.
- Abandoned: Was once applied for but dropped.
- Withdrawn: Applicant gave up voluntarily.
If a similar name is already registered or under objection in Class 9, consider rebranding or modifying your proposed name.
Step 5: Cross-Check in Other Relevant Classes
Your product might fall into more than one class. For instance:
- A mobile app may fall under Class 9 and Class 42 (tech services)
- A smart wearable may overlap with Class 10 (medical devices)
Check the availability in all relevant classes to avoid future conflicts.
Step 6: Run a Domain and Social Media Handle Check
Your trademark is only part of the brand story. You also want:
- A matching .com or .in domain
- Social media handle availability (Instagram, Facebook, Twitter)
A strong brand identity comes from consistency across platforms.
Step 7: Get a Professional Knockout Search Done (Optional but Recommended)
Even though the IP India portal is useful, it may not show deceptively similar trademarks due to misspellings or phonetics.
For deeper analysis, trademark professionals like VMK Professionals conduct:
- Phonetic similarity checks
- Design mark comparisons
- International brand conflict searches (if you plan to export)
This step drastically reduces the risk of rejection and future disputes.
Bonus: Tools You Can Use for Quick Trademark Checks
- QuickCompany
- VakilSearch
- LegalWiz
- IPIndia Portal
These platforms offer free search tools—but remember, they’re not as accurate as manual or professional searches.
What to Do If Your Trademark Name is Taken?
If the name is unavailable:
- Tweak the spelling (but make it pronounceable)
- Add a prefix/suffix to make it unique
- Use a made-up or coined word (these are stronger trademarks)
- Add your initials, location, or function
Example: If “OpticView” is taken, you can go for “OptiVuePro” or “OpticView360”.
Common Mistakes to Avoid When Checking Trademark Availability
- Searching in the Wrong Class
Always select Class 9 when dealing with electronics/software. - Assuming Domain Availability = Trademark Availability
Owning a domain doesn’t mean your brand name is safe under trademark law. - Ignoring Similar Sounding or Spelled Words
Trademarks consider visual and phonetic similarity. - Skipping Multiple Classes
Your brand might operate in more than one class—check all relevant ones. - Not Taking Expert Help
DIY is great, but for trademarks, professional insight often saves you from future legal trouble.
Next Step: Filing the Application
Once you’ve confirmed availability, here’s what’s next:
- Prepare your trademark application (Form TM-A)
- Attach brand logo (if applicable)
- Include user affidavit (if claiming prior use)
- Pay the applicable government fee
- Submit through the IP India portal
Conclusion
Trademark Class 9 includes some of the most competitive and innovation-driven sectors like software, electronics, and scientific instruments. That’s why checking trademark availability before applying is not just a good practice—it’s essential. A thorough search saves time, cost, and most importantly, protects your brand’s future.
Whether you’re launching a new app, building a gadget, or branding smart wearables, always ensure your Class 9 trademark name is unique and legally clear. A little diligence at the beginning goes a long way in protecting your business legacy.
About VMK Professionals
At VMK Professionals, we help startups, tech companies, and electronics brands secure their trademarks with ease. Our expert team conducts comprehensive Class 9 trademark searches, guides you through name conflicts, and files your trademark application with full legal compliance. From domain checks to objection handling, we ensure your brand remains protected, powerful, and professional.
Protect your idea before someone else copies it—consult VMK Professionals today.