Introduction
Planning to launch a new medical device in India? Before you finalize your brand name or logo, one of the most important steps is conducting a trademark search. Without this step, you might end up facing a trademark rejection, legal opposition, or even brand confusion in the market.
The good news? You don’t need to spend money on expensive tools or consultants—there are reliable, free methods available to help you search for existing trademarks, especially in the medical device category (Trademark Class 10).
In this blog, we’ll guide you through step-by-step, free, and government-approved ways to check if your medical device brand name is already in use. Whether you’re a startup or an established business, this guide is all you need to avoid legal trouble and secure your brand identity.
Why Trademark Search is Crucial for Medical Devices
Medical devices are sensitive products—trust, safety, and branding play a key role in their acceptance. Here’s why conducting a trademark search is non-negotiable:
- ✅ Avoid Legal Trouble: Using a name that’s already registered can lead to lawsuits and penalties.
- ✅ Prevent Rejection: If your trademark is similar to an existing one, it will likely be refused.
- ✅ Build Unique Brand Identity: A unique trademark strengthens your reputation and helps your product stand out.
- ✅ Avoid Costly Rebranding: If you invest in packaging and marketing before a trademark check, any issue means starting over.
Understand Trademark Class 10 (Medical Devices)
In India, trademarks are categorized into 45 classes under the Nice Classification System. Trademark Class 10 covers:
- Surgical instruments
- Diagnostic apparatus
- Dental equipment
- Orthopedic aids
- Medical testing devices
- Artificial limbs and prosthetics
When searching for existing trademarks, always select Class 10 for medical devices. But you should also check Class 5 (pharmaceuticals) and Class 9 (software/electronics) if your device integrates with these categories.
Free Methods to Search Existing Trademarks (Step-by-Step Guide)
Let’s explore the best 100% free methods you can use to search trademarks related to medical devices.
✅ 1. IP India Public Search Tool
The official Trademark Registry of India offers a free search tool to check existing trademarks.
Website: https://ipindiaonline.gov.in/tmrpublicsearch
Steps to Use:
- Visit the link above.
- Select Wordmark as the search type.
- Enter your proposed trademark.
- Set the Class as 10.
- Choose ‘Starts With’ or ‘Contains’ depending on your needs.
- Click Search to view results.
What You’ll See:
- Trademark status (Registered, Opposed, Abandoned)
- Owner details
- Filing dates
- Similar trademarks
📝 Tip: Always download or screenshot the search results for future legal reference.
✅ 2. Phonetic Search (For Sound-Alike Brands)
India’s Trademark Registry also provides a Phonetic Search to help find trademarks that sound similar—even if they are spelled differently.
Why It’s Important:
Trademarks like “Medicare” and “Medicair” might seem different visually, but they sound alike and can cause rejection.
How to Use:
- Go to the same IP India portal.
- Select Phonetic Search.
- Enter your brand name and Class 10.
- Analyze names with similar pronunciation.
🎯 Bonus Tip: Avoid registering names that sound like major brands in healthcare—it’s a red flag for rejection.
✅ 3. WIPO Global Brand Database (For International Brands)
If you plan to sell or export your medical device internationally, use WIPO’s Global Brand Database.
Website: https://www.wipo.int/branddb/en/
How to Search:
- Type your brand name in the search bar.
- Apply filters for:
- India (to cross-check national filings)
- Class 10
- Click Search and review global trademarks.
🌍 Why WIPO Search Helps: You’ll know if someone has already filed a similar brand in the US, EU, or China. This matters especially if you plan to file under the Madrid Protocol.
✅ 4. TMView (European Brands Search)
Even though it’s Europe-focused, TMView is useful for cross-checking if a similar mark exists in international medical device markets.
Website: https://www.tmdn.org/tmview
Use this tool for cross-verification when exporting or collaborating with international health partners.
✅ 5. Google Search (Unofficial, But Smart)
Often, brands may be actively used in the market without being registered yet. A quick Google search can show:
- Active websites using your brand name
- Product listings on eCommerce platforms
- News mentions or blog features
Search Tips:
- Use quotes for exact match:
"YourBrandName" - Add keywords:
"YourBrandName medical device" - Check domains like
.in,.com,.orgto detect company pages
✅ 6. eCommerce & Health Portals
Check platforms like:
- Amazon India
- Flipkart
- IndiaMART
- Practo
- Netmeds
Search your brand name or variations to detect potential commercial use.
🚨 Why It Matters: Even if they haven’t filed a trademark yet, if they’ve been using the name, they might file an opposition when you apply.
✅ 7. Social Media Platforms
Brands often go live on Instagram or LinkedIn before they even register a trademark. Search these platforms to uncover:
- Startup branding
- Product launch campaigns
- Taglines similar to yours
Search platforms:
- YouTube
🔎 Example: Search hashtags like #Meditech, #HealthDevice, or directly search your brand name to check availability.
Checklist: What to Analyze in Your Search Results
When reviewing trademarks, look for:
| Factor | Why It Matters |
|---|---|
| Exact Name Match | Could lead to rejection |
| Similar Sounding Names | Phonetic similarity is a big issue |
| Registered or Pending Status | Pending trademarks can still cause problems |
| Same Class (10) | Direct conflict |
| Other Classes (5, 9) | Overlapping industry risks |
| Owner Type | Are they competitors? Large companies? |
Mistakes to Avoid
- ❌ Relying only on exact word match
- ❌ Ignoring phonetic similarities
- ❌ Not checking globally (if exporting)
- ❌ Overlooking pending or opposed applications
- ❌ Not documenting your search
Tips for Choosing a Unique Medical Device Brand Name
- 🔤 Invented Words Work Best: Unique words are easier to register.
- 🎯 Avoid Descriptive Terms: Names like “Heart Monitor” are too generic.
- 🎨 Logo & Typography Matter: Visual similarity can also be objected to.
- 🔁 Run a Reverse Image Search for logo ideas.
Final Thoughts
Conducting a proper trademark search before registration is like a health check-up for your brand—it helps you avoid legal risk, branding conflicts, and rejection from the Trademark Office.
The tools we listed above—from IP India to WIPO—are completely free and accessible, yet powerful enough to help you secure your trademark rights with confidence.
Need Help with Trademark Search or Filing?
At VMK Professionals, we specialize in:
- Medical device brand trademark searches
- Class 10 trademark registration
- Objection handling & opposition defense
- International trademark filings
Whether you’re a startup or an established healthcare company, we’ll ensure your brand is legally protected, recognized, and compliant.
📞 Get in touch with VMK Professionals today to begin your trademark journey the right way.
