Check If a Trademark Exists for Your Tool Brand in Class 8 – Step-by-Step Guide
Before investing time, money, and energy into building your tool brand—whether it’s a name for your hand tools, cutlery sets, power tool accessories, or personal grooming instruments—it’s essential to make sure no one else is already using or legally protecting that name. Trademark conflicts can lead to legal troubles, loss of brand value, and costly rebranding. Fortunately, you can easily check the availability of your brand name through a trademark search. This blog explains exactly how to do it step by step, especially for businesses under Trademark Class 8, which covers hand tools and related products.
Why Checking Trademark Availability Matters
Starting with a unique and legally safe brand name is crucial for your business success. Imagine building a successful tool brand only to later receive a legal notice stating that your name infringes on someone else’s registered trademark. This not only harms your brand image but also forces you to start over—changing logos, packaging, websites, and more.
A simple trademark search can help you:
- Avoid legal conflicts or rejections from the Trademark Registry
- Save money and effort spent on branding or product packaging
- Build a strong, original identity in a competitive industry
What is a Trademark Search?
A trademark search is the process of looking through existing trademarks registered or applied for with the Indian Trademark Registry to check whether a similar or identical brand name (wordmark), logo, or symbol already exists—especially under the same trademark class (in this case, Class 8).
Understanding Trademark Class 8
Before checking your tool brand name, it’s important to confirm that you fall under the right trademark class. Trademark Class 8 includes:
- Hand tools and implements (e.g., hammers, wrenches, pliers)
- Cutlery (e.g., knives, scissors, forks)
- Razors and shaving instruments
- Nail clippers, tweezers, and other grooming tools
- Garden tools (manual)
If your business sells or manufactures any of these, you will most likely need to register your trademark under Class 8.
Step-by-Step Guide: How to Check if Your Tool Brand Name is Trademarked
Step 1: Visit the Official Trademark Search Website
Start by going to the official website of the Controller General of Patents, Designs & Trademarks:
👉 https://ipindiaonline.gov.in/tmrpublicsearch/
This is the Indian government’s official portal for checking trademark status and availability.
Step 2: Choose the Search Type
On the homepage, you’ll see options to search by:
- Wordmark
- Vienna Code
- Phonetic
For a standard brand name search, choose “Wordmark.”
Step 3: Enter Your Proposed Brand Name
Now, type in the exact brand name you are planning to register.
- Use only the root word or main keyword if you want broader results.
- If your brand has multiple words (like “Hammer King Tools”), try searching each word separately as well as the full name.
Make sure the “Start With” or “Contains” option is selected depending on how exact you want your match.
Step 4: Select the Trademark Class
Choose Class 8 from the dropdown menu. This ensures that your search focuses only on trademarks relevant to hand tools, cutlery, and related products.
Step 5: Click “Search” and Review Results
Once you click on the “Search” button, a table of results will appear showing:
- Trademark names
- Applicant names
- Application numbers
- Status (Registered, Objected, Refused, etc.)
If you find a brand name that’s identical or highly similar to yours, especially one that is already “Registered” or “Advertised before Acceptance,” you may need to consider a different name.
How to Analyze the Search Results
Once you see the results, don’t panic if there are multiple entries. Here’s how to interpret the data:
1. Status Matters
- Registered: The trademark is active and legally protected.
- Objected: The trademark faced issues during examination.
- Refused: The trademark was rejected, but that doesn’t mean it’s safe to use.
- Abandoned: The applicant did not follow through. It might be available, but you must check why it was abandoned.
2. Check for Similarity
- Look for phonetic or visual similarity. For example, “Toolo” and “Tulo” may sound different to you but are considered similar under trademark law.
- Don’t just look for exact matches—similar spelling or sound can also cause problems.
What to Do If a Similar Trademark Exists
If you find that your desired name (or something close to it) already exists:
- Avoid using the same name, even if the trademark is abandoned or objected to. It’s still risky.
- Try to add a unique word, change the spelling creatively, or rethink the brand entirely.
- Consult a trademark professional to see if your version can still be approved with a disclaimer or additional documentation.
Tips for Choosing a Trademark-Friendly Brand Name
- Make it unique: Avoid names that are too simple, descriptive, or commonly used.
- Use invented words: Coined terms like “Makita” or “Bosch” are strong and distinctive.
- Keep it short and memorable: Easy pronunciation and recall help in branding.
- Avoid using generic tool terms: Words like “Hammer,” “Blade,” or “Sharp” might be rejected for being descriptive.
Tools and Alternatives for Deeper Trademark Research
If you want to dig even deeper or check trademarks in other countries (like the US, UK, or EU), you can also use:
- WIPO Global Brand Database
- TMview (for EU searches)
- Private databases through trademark attorneys or agents
These platforms give a global view of trademark use, which is helpful if you plan to export tools internationally.
What Happens If You Skip the Trademark Search?
Skipping a trademark search can lead to:
- Legal opposition during the registration process
- Infringement notices or lawsuits from existing brands
- Forced rebranding after your products are already in the market
- Loss of trust from customers who notice name changes or controversies
Doing a search takes less than 10 minutes but can save you from months of trouble.
When Should You Conduct a Trademark Search?
✅ Before finalizing your brand name
✅ Before printing packaging, brochures, or launching products
✅ Before registering a domain or social media handles
✅ Before applying for the trademark officially
Early research means smarter brand decisions.
How VMK Professionals Can Help
While the IP India portal is useful, understanding the results and making the right legal call can be tricky. That’s where VMK Professionals comes in.
We offer:
- Detailed trademark availability searches
- Analysis of risks and legal opinions
- Class identification and application drafting
- End-to-end support from filing to registration
- Objection handling and post-registration guidance
With our experience in handling trademark registrations, especially under Class 8 for hand tools and cutlery brands, we ensure your application is smooth, strong, and successful.
Final Thoughts
Your brand name is more than just a label—it’s your identity in the market. Before you build packaging, launch your product line, or promote your business, make sure your tool brand name is available and legally safe. A simple trademark search can make all the difference between a smooth launch and a legal mess. Be smart. Search first.
Secure Your Tool Brand Name with VMK Professionals
At VMK Professionals, we specialize in trademark registration for businesses just like yours. Whether you’re launching a line of precision hand tools, gardening gear, or kitchen cutlery, we help ensure your brand name is safe, available, and legally protected.
✅ Fast & Accurate Trademark Search
✅ Expert Legal Advice
✅ Class 8 Specialization
✅ Full Support from Filing to Approval
Get in touch with us today and let’s protect your brand before someone else does.
VMK Professionals – Protecting Brands, Building Trust