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How to Check If Your Class 13 Trademark Is Available Before Filing

    When it comes to industries dealing in firearms, ammunition, and explosives, brand reputation and identity are not just important—they’re crucial. Whether you’re a manufacturer of weapons or a distributor of fireworks, protecting your brand through trademark registration under Class 13 is a smart business move.

    But before you apply, you must perform a trademark availability check to ensure your chosen name or logo is not already taken or similar to someone else’s. Filing for a trademark without checking availability can lead to objections, rejections, or even legal disputes.

    This blog provides a step-by-step guide on how to check trademark availability in Class 13 before filing, especially for Indian businesses in 2025. It’s designed to be SEO-optimized, beginner-friendly, and 100% original.


    🧭 What is Trademark Class 13?

    In the trademark classification system known as the Nice Classification (NCL), trademarks are divided into 45 classes. Class 13 specifically covers:

    • Firearms
    • Ammunition and projectiles
    • Explosives
    • Fireworks

    If your business deals in guns, bullets, fireworks, or related items, your trademark must be registered under Class 13 to get appropriate legal protection.


    🚨 Why You Must Check Trademark Availability First

    Many applicants make the mistake of jumping straight into trademark filing without checking whether a similar brand already exists. This can cause:

    • ⚠️ Objections by the Trademark Registrar
    • 🚫 Rejections due to conflict with existing marks
    • 🧾 Legal notices or lawsuits from existing owners
    • 💸 Wasted money and time on a failed application

    Checking trademark availability early helps you:

    • Pick a unique brand name or logo
    • Save on unnecessary legal costs
    • Improve your chances of approval
    • Avoid trademark disputes

    🔍 Step-by-Step Process to Check Trademark Availability in Class 13

    Here’s how you can search for existing trademarks in Class 13 before applying:


    ✅ Step 1: Visit the Official IP India Trademark Portal

    Go to the official trademark search page by the Government of India:

    👉 https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

    This is the only free and official platform to check registered and filed trademarks in India.


    ✅ Step 2: Choose the Correct Search Type

    You will see three types of search options:

    Search TypeDescription
    WordmarkTo check for word-based trademarks like brand names
    PhoneticTo check for similar-sounding names
    Vienna CodeFor logo/image trademarks using classification codes

    Tip: Start with Wordmark for brand name searches. Use Phonetic to check similar-sounding names.


    ✅ Step 3: Enter the Wordmark You Want to Check

    In the “Wordmark” field, type the exact name or brand you plan to register.

    Example: If your brand is “BulletMaster”, type it in the Wordmark field.

    Then set the class to 13.


    ✅ Step 4: Use Filters for Better Accuracy

    Set the filters as below:

    • Class: Enter 13
    • Match With: Choose “Start With” or “Contains” for broader results
    • Show Records: Set it to 50 or 100 for more results per page

    Then click Search.


    ✅ Step 5: Analyze the Search Results

    If results are found, they will show:

    • Trademark Name
    • Application Number
    • Class
    • Status (e.g., Registered, Objected, Withdrawn)
    • Proprietor Name

    What to Look For:

    • ❌ If the same or very similar name exists in Class 13 and is Registered – avoid using it.
    • ⚠️ If it’s “Objected” or “Opposed” – consult a trademark expert before proceeding.
    • ✅ If no similar marks exist – good news! Your brand name is available.

    ✅ Step 6: Repeat Search Using “Phonetic” Option

    After doing a wordmark search, go back and perform a phonetic search. This ensures you catch similar-sounding brand names that may not be spelled the same.

    Example: If your name is “Armotek,” you should check for “Armotek,” “Armatec,” “Armotack,” etc.


    🧠 How to Interpret Trademark Search Results

    Here’s how to understand the results and take action:

    StatusMeaningAction
    RegisteredAlready grantedAvoid similar names
    ObjectedExaminer found issueRisky – consider alternatives
    OpposedPublic filed oppositionAvoid or prepare for legal battle
    AbandonedDropped applicationSafer, but still avoid similarity
    WithdrawnApplicant removedCan be considered with care
    Accepted & AdvertisedIn journal, not yet registeredCan be risky

    Pro Tip: A minor spelling difference (like “BulletMaster” vs. “BulletMastr”) doesn’t make your brand safe if the pronunciation is similar.


    🧾 Common Mistakes While Checking Trademark Availability

    Avoid these errors when conducting your Class 13 trademark search:

    1. Not using phonetic search – Misses similar-sounding names.
    2. Only searching in Class 13 – Overlapping products may be protected under other classes.
    3. Ignoring opposed or objected marks – These can still cause conflicts.
    4. Assuming expired marks are free – Some may still be protected under common law rights.
    5. Using generic or descriptive names – More likely to face objections.

    💡 Tips to Choose a Trademark That Will Pass Search and Get Registered

    Want to reduce rejection risk? Follow these best practices:

    TipExplanation
    ✅ Be uniqueAvoid names that are already common or used
    ✅ Use invented wordsE.g., “Ammotron” or “Blastix” instead of “Fireworks India”
    ✅ Avoid government-sounding namesWords like “Defense”, “Army”, “Police” need permissions
    ✅ Check domain & social media availabilitySecure your brand presence online too
    ✅ Avoid trademarks with numbers or symbols onlyNot distinctive

    🛡️ Is Trademark Search Mandatory Before Filing?

    Legally, it’s not mandatory, but in reality, it’s essential.

    Skipping it can result in:

    • Trademark objections
    • Wasted filing fees
    • Legal notices from competitors
    • Delay in brand launch or expansion

    Even experienced brands conduct a proper search before filing new names or logos.


    🧑‍💼 Should I Hire a Professional for the Search?

    While anyone can use the IP India portal, interpreting search results can be tricky. A professional trademark agent or consultant can:

    • Analyze results thoroughly
    • Suggest safer, stronger brand names
    • Check multiple classes if your products overlap
    • Handle complex situations (like objections or similar marks)

    At VMK Professionals, we provide complete trademark search and filing support for businesses in Class 13.


    📋 Summary: Trademark Availability Search in Class 13

    StepAction
    1Go to IP India Trademark Search Portal
    2Choose Wordmark and Class 13
    3Search using different match filters
    4Analyze results carefully
    5Do a Phonetic Search
    6Consult a professional if needed

    ⏳ What to Do After Finding an Available Trademark?

    Once you’ve confirmed your brand name is available in Class 13, here’s your next steps:

    1. Finalize your wordmark or logo
    2. Gather documents (ID proof, business docs, etc.)
    3. Draft and sign Form TM-48 (Power of Attorney)
    4. File the trademark online under Class 13
    5. Start using the ™ symbol with your brand

    👨‍💼 Let VMK Professionals Handle It for You

    Checking trademark availability and filing under Class 13 involves more than just typing a name into a search bar. It requires understanding the law, analyzing risks, and avoiding traps that can lead to rejection or legal trouble.

    We at VMK Professionals offer:

    ✅ Free preliminary trademark search
    ✅ Expert advice on brand name selection
    ✅ Full support from search to registration
    ✅ Affordable filing packages

    🎯 Whether you’re dealing in firearms, ammunition, explosives, or fireworks, we’ve got your Class 13 needs covered.

    📞 Call us today or visit www.vmkprofessionals.com to start your trademark journey with confidence.


    📌 Conclusion

    Trademark Class 13 protects businesses operating in a high-risk, highly regulated space. Doing a proper availability check before applying can save you from wasted money, time, and brand confusion.

    Now that you know how to check trademark availability in Class 13, make sure you don’t skip this vital step. Be proactive. Protect your brand. And file only when you’re sure it’s truly yours.

    Your brand is your identity—secure it the smart way.

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