How to Check Trademark Availability in Class 16 Before Filing (India)
In today’s competitive stationery, print, and paper-based product market, brand protection is crucial. Whether you’re a small notebook manufacturer, an office supply wholesaler, or a creative entrepreneur selling handmade paper goods, securing your brand through a trademark is the first step. But before filing, the most critical step is performing a trademark search—especially under the right class.
For businesses dealing in paper, printed matter, packaging, and stationery, Trademark Class 16 is the relevant category. In this detailed blog, we’ll walk you through how to perform a Class 16 trademark search in India with a step-by-step guide, explain the tools involved, and give helpful tips to avoid rejection.
📌 What Is Trademark Class 16?
Trademark Class 16 covers a broad range of goods, such as:
- Paper and cardboard products
- Stationery and office supplies
- Printed matter (books, magazines, brochures)
- Packaging materials (boxes, bags, wrapping paper)
- Artistic materials (sketchbooks, paintbrushes)
- Adhesives for stationery use
- Instructional or educational printed material
If your business deals with any of these goods, you must file your trademark under Class 16. But filing blindly without searching can cost time, money, and even your brand name.
🧠 Why Is Trademark Search Important?
Before applying, a trademark search helps you:
- ✅ Check availability of your desired brand name or logo.
- ⚠️ Avoid conflicts with existing registered or applied trademarks.
- 🛡️ Minimize risk of objection or rejection.
- 💰 Save on re-filing costs and legal fees.
- 📈 Plan your branding strategy with confidence.
🔍 Step-by-Step Guide to Do a Trademark Search for Class 16 in India
India’s official trademark database is publicly available on the IP India Trademark Public Search portal.
Here’s a full breakdown of how to do it:
Step 1: Visit the Official Trademark Search Portal
- Go to the IP India Public Search Tool:
👉 https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
This is the official database managed by the Controller General of Patents, Designs, and Trademarks (CGPDTM).
Step 2: Choose Your Search Type
You will see three options:
- Wordmark: For checking names, brand titles, words (e.g., “PaperNest”, “NoteCraft”)
- Vienna Code: For logo/image-based trademarks
- Phonetic: To find trademarks that sound similar (useful for regional brand names)
For most small businesses and startups, Wordmark search is the most relevant.
💡 If you’re checking for a logo or image, you’ll need the correct Vienna Classification code.
Step 3: Enter Your Search Details
In the Wordmark section:
- Enter the trademark name in the “Wordmark” field
- Example: PaperNest, EduSheets, The Stationery Co.
- Select ‘Start With’ / ‘Contains’ / ‘Match With’ depending on your preference
- In the Class field, enter 16 (for stationery and paper-related products)
- Leave the other fields blank (or select “All” under “Show Similar”)
- Click Search
Step 4: Analyze the Results Carefully
The system will display a table with:
- Trademark names
- Application numbers
- Status (Registered, Objected, Refused, Abandoned, etc.)
- Proprietor name
- Application date
- Goods description
What to Look For:
- Exact Matches – If your brand name is already taken and “Registered” or “Advertised,” avoid it.
- Similar Spellings or Sounding Names – Even slight similarities can lead to rejection.
- Status
- Registered: Fully owned by someone else—do not use.
- Objected or Opposed: Risky—possible legal challenges.
- Abandoned: You may proceed, but check if it’s recently abandoned and why.
- Marked for Exam or Advertised: Proceed with caution.
🧾 Example: Trademark Search for ‘NoteNest’ in Class 16
Let’s say you want to trademark the brand name NoteNest for your stationery business.
- Go to the IP India site
- Select Wordmark
- Enter NoteNest in the wordmark field
- Select Start With
- Enter 16 in the class field
- Click Search
Result Analysis:
- If NoteNest shows up with a “Registered” status, choose a new name.
- If it shows “Refused” or “Abandoned,” consult a trademark expert before proceeding.
- If no results are found, it’s likely available—still, run a Phonetic Search to double-check.
🗣️ Step 5: Run a Phonetic Search (Highly Recommended)
Even if your name seems unique in the Wordmark section, the phonetic tool helps detect similar-sounding names that may block your registration.
Steps:
- Click on the “Phonetic” tab
- Enter your desired brand name
- Class: 16
- Click Search
Example: “PaperNest” might sound similar to “PaperNext” or “PaperBest,” which could cause legal confusion.
🛑 Common Mistakes to Avoid During Trademark Search
- ❌ Ignoring similar spellings: Trademarks are evaluated not just by spelling but by how they sound.
- ❌ Skipping phonetic search: This is where most objections come from.
- ❌ Assuming abandoned marks are safe: The original owner may still contest.
- ❌ Filing without checking product classification: Filing under the wrong class leads to rejection.
- ❌ Not documenting your search: Keep screenshots and a record of search date/results for reference.
📚 Additional Tips for Class 16 Trademark Search
- Be clear on your product scope (books vs. packaging vs. office supplies).
- Consider registering in multiple classes if you offer diverse products.
- If you’re using a logo + wordmark, check both via Vienna Code and Wordmark search.
- If similar names exist, try tweaking your name or adding prefixes/suffixes (e.g., EduNest → EduNestPro)
🛡️ What to Do If a Similar Trademark Already Exists?
If the name you want is already registered:
- Consider using a different name entirely
- Add distinctiveness (e.g., NoteNest India, NoteNest Pro)
- Get a legal opinion or consult a trademark attorney
- If the mark is abandoned, you may file with additional evidence of uniqueness
⚖️ Legal Consequences of Not Performing a Search
If you skip a proper search, you risk:
- Trademark objection or rejection
- Cease and desist notices
- Costly legal disputes
- Loss of branding investment (logo design, packaging, etc.)
- Delay in e-commerce onboarding (Amazon Brand Registry, Flipkart Seller Central)
🧩 When to File After Search?
After a successful search, you can immediately proceed with trademark application under Class 16 via:
- Online application on https://ipindia.gov.in
- Through a trademark attorney or agent for error-free filing
✅ Documents Needed for Filing
- Logo or wordmark in JPEG format
- Applicant’s name, address, and ID
- MSME/Startup certificate (for discounted fees)
- Signed Form TM-48 (if using an agent)
💰 Trademark Filing Fees for Class 16 in India
| Applicant Type | Govt. Fee (Per Class) |
| Individual / Startup / MSME | ₹4,500 |
| Company / Partnership Firm | ₹9,000 |
Professional fees for filing range from ₹1,000 to ₹5,000 depending on complexity.
🏁 Final Thoughts: A Search Today Prevents Trouble Tomorrow
If you’re planning to enter the Indian market with a brand in the stationery, paper, printing, or packaging space, don’t underestimate the value of a proper Class 16 trademark search.
This one-time effort can save your business from future disputes, legal hassles, and reputation damage.
🤝 Need Help With Your Class 16 Trademark?
At VMK Professionals, we make trademark registration easy. Our services include:
- Free name availability check
- Class 16 trademark filing
- Objection and opposition handling
- Renewal and brand protection support