21Apr, 2025
How to Check If Your Medical Brand Name Is Already Trademarked in India

Starting fresh in the medical industry with your own brand is exciting, but before you invest in packaging, marketing, and distribution, there’s one critical legal step you can’t ignore—checking if your brand name is already trademarked. In a space as regulated and competitive as healthcare, unknowingly using someone else’s trademarked name could land you in serious legal trouble, including lawsuits, brand confusion, or denial of your trademark application.

Whether you’re launching a new pharmaceutical product, surgical tool, medical software, or a diagnostic device—your brand name is your identity. Trademark Class 10 typically covers most medical equipment, while Class 5 covers pharmaceutical goods. That’s why a proper trademark search is not just a recommendation; it’s essential.

This guide walks you through a step-by-step method to check if your medical brand name is already trademarked in India, explains the importance of such a search, and offers expert tips to avoid legal hassles later on.

🔍 Why Trademark Search is Crucial for Medical Brands

Before diving into how to search, let’s understand why it’s so important:

  • Legal Protection: A trademark gives your brand exclusive rights to use its name. But if someone else already owns that name, you can’t claim it.
  • Avoid Lawsuits: Using a name that’s already trademarked could trigger legal action, leading to fines, product recalls, or rebranding.
  • Prevent Application Rejection: Your trademark application can be rejected by the Trademark Registry if your name is confusingly similar to an existing one.
  • Brand Identity & Trust: Medical products rely heavily on public trust. A unique, protected brand name builds long-term credibility.

🧾 Understand the Right Trademark Class for Medical Brands

Before searching, you need to know which class your product belongs to. Medical businesses usually fall under:

  • Class 5: Pharmaceuticals, dietary supplements, baby food, etc.
  • Class 10: Surgical, dental, and medical instruments and devices.
  • Class 9: Medical software, electronic monitoring equipment, AI diagnostic tools.

Knowing your class is important so you can narrow your search and avoid irrelevant results.

✅ Step-by-Step Guide to Check if Your Medical Brand Name is Already Trademarked

Step 1: Visit the Indian Trademark Public Search Portal

Go to the official IP India website:

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

This is the official government portal for searching existing trademarks in India.

Step 2: Choose ‘Wordmark’ Search

For most medical brand names, choose:

  • Search Type: Wordmark
  • This checks if your brand name (like “MediCore” or “HealX”) already exists in the registry.

Step 3: Enter Your Brand Name

In the “Wordmark” field, enter the brand name you want to check.

Tips:

  • Try searching for exact matches first.
  • Then do partial or prefix searches (e.g., search for “Medi” to catch names like “MediCore,” “MediPlus,” etc.).

Step 4: Select the Relevant Class

Select Class 5, Class 10, or any other class that applies to your product.

If your brand might apply to more than one class (e.g., both Class 5 and Class 10), repeat the search for each class.

Step 5: Analyze the Results Carefully

The search results will show:

  • Trademark Name
  • Application Number
  • Status (e.g., Registered, Objected, Abandoned)
  • Owner’s Name
  • Class
  • Goods/Services Description

What to look out for:

  • If the same or similar name exists and is Registered or Advertised, you may need to pick a different name.
  • If it’s Abandoned, it may be available—but still risky if too similar.

🔄 Additional Search Tips for Better Accuracy

Here are some pro-level tips to refine your trademark search:

✅ Use Variations of the Name

Don’t just search your exact name—use:

  • Synonyms (e.g., “Health” vs. “Wellness”)
  • Prefixes/Suffixes (e.g., “Care,” “Medi,” “Pharma”)
  • Misspellings (e.g., “Xtra” vs. “Extra”)

✅ Search Phonetic Equivalents

Sound-alike names can still cause trademark conflicts. IP India offers a Phonetic search tool. For example:

  • “Medicare” vs. “MediCaree”

✅ Check International Trademarks (If Exporting)

If you plan to export, check WIPO’s Global Brand Database: 👉 https://www3.wipo.int/branddb/en/

🚫 What If the Brand Name is Already Taken?

If your name is already trademarked or too similar to another:

  • Don’t take the risk. Trademark infringement can lead to lawsuits.
  • Rebrand smartly. Modify your name by changing one or two syllables or adding an extra word.
  • Consult a trademark professional to ensure the modified name is unique enough.

📑 After Checking — What Next?

✔️ Conduct a Professional Search (Optional but Recommended)

Manual public search is good, but not always enough. A trademark consultant can:

  • Check deeper databases
  • Analyze phonetic similarity
  • Provide legal advice before filing

✔️ File for Trademark Registration

Once your brand name is confirmed unique, proceed with registration:

  1. Prepare your brand logo and usage details
  2. File online with Class 5, 10, or relevant class
  3. Track the status regularly

🛡️ Common Mistakes to Avoid During Trademark Search

Even experienced business owners make these errors:

  • Only checking exact matches: Similar or phonetically alike names may still cause issues.
  • Choosing the wrong class: This leads to failed protection and rejection.
  • Not checking abandoned or opposed marks: These can still present legal problems.
  • Assuming a name is safe because a domain or social handle is available: Trademark laws don’t work the same way.

✅ Benefits of a Proper Trademark Search for Medical Businesses

  • Stronger legal position
  • Higher approval chance
  • Peace of mind
  • Better investor & market trust
  • Stronger branding protection

📌 Real-World Example

A small surgical tool manufacturer named OrthoSure Instruments found that their first choice “OrthoSure” was already trademarked under Class 10. Because they checked beforehand, they rebranded early to OrthoSecure, avoiding thousands in rebranding costs and a potential court case.

🏁 Final Thoughts

Checking if your medical brand name is already trademarked is the first and most crucial step in protecting your brand’s future. It might seem like a small task now, but it saves you from huge complications down the line. With the right trademark class, a proper search strategy, and professional guidance, you can secure your brand identity and grow without fear.

🏢 About VMK Professionals

VMK Professionals is a leading legal and business consultancy firm offering end-to-end trademark registration services across India. We specialize in helping medical and healthcare businesses—pharmaceuticals, surgical tools, medical software, and healthcare brands—secure their intellectual property with confidence.

Whether you need a Class 5, Class 10, or multi-class trademark search and registration, our expert team ensures your brand is protected from start to finish. With 1000+ successful filings and tailored legal guidance, we’re here to help you trademark smartly and stay compliant.

📞 Contact us today to secure your medical brand’s future.