In the world of intellectual property, trademarks are a brand’s legal shield. If you’re involved in the automotive or transportation industry, understanding and checking trademark availability in Class 12 is a crucial first step before filing your trademark application. But how exactly do you ensure that your proposed name, logo, or brand mark is unique and not already taken?
This comprehensive guide will walk you through the step-by-step process of checking trademark availability in Class 12, its importance, and how this helps prevent legal disputes and application rejections. Whether you’re launching a new vehicle brand, parts line, or transport equipment company—this blog is crafted to simplify the process for you.
🚗 What is Trademark Class 12?
Trademark Class 12 is part of the Nice Classification System, an international system that categorizes trademarks based on the type of goods or services they protect. Class 12 specifically covers:
- Automobiles and vehicles
- Electric vehicles (EVs)
- Trucks, buses, and motorcycles
- Railway cars and locomotives
- Vehicle parts like engines, brakes, and tires
- Drones, mobility scooters, trailers, and even parts for air and water vehicles
If your business deals with manufacturing, selling, or distributing vehicles or transport equipment, Class 12 is where your trademark must be registered.
🔍 Why Checking Trademark Availability is Important
Before applying for a trademark in Class 12, checking availability is critical. Here’s why:
1. Avoid Legal Disputes
Using an existing or similar name can result in trademark infringement lawsuits, costing you time, money, and brand reputation.
2. Prevent Rejection
If your trademark is too similar to an existing one in the same class, the Trademark Registry may reject your application outright.
3. Save Time & Cost
Conducting a prior search helps you avoid the expense of a failed application and lets you rebrand early if needed.
4. Build Brand Confidence
You can confidently move forward with branding, packaging, and promotion, knowing that your trademark is unique and protected.
🧭 Step-by-Step: How to Check Trademark Availability in Class 12
Here’s a detailed, beginner-friendly guide to checking whether your desired trademark is already in use or available in Class 12.
✅ Step 1: Identify the Correct Trademark Class
Though Class 12 may sound appropriate, it’s important to confirm that your goods fall within this class. Here’s a quick reference of what Class 12 includes:
- Cars, vans, buses, trucks
- E-vehicles, scooters, and motorcycles
- Trailers, trolleys, cycles, drones
- Parts like tires, engines, gearboxes
- Boat motors, aircraft parts
If you offer vehicle repair or leasing services, you might also need Class 37 or 39 respectively.
✅ Step 2: Use the Indian Trademark Search Tool
The Indian Government offers a free tool to conduct a basic trademark search:
- Go to https://ipindiaonline.gov.in/tmrpublicsearch
- Under Search Type, select ‘Wordmark’ for names or ‘Vienna Code’ for logos.
- Enter your desired trademark name.
- Under Class, enter “12”.
- Hit Search.
You’ll now see a list of similar or matching marks, their status, applicant name, and application number.
✅ Step 3: Analyze Similar or Conflicting Trademarks
Look at:
- Phonetic similarities (e.g., “Automo” vs. “AutomoX”)
- Visual likeness if you’re using logos
- Same product line (e.g., both are two-wheeler brands)
If any trademarks look too close to yours, it might be risky to proceed.
✅ Step 4: Check Trademark Status
If a mark is registered or “advertised before acceptance,” it’s probably off-limits.
However, if it’s abandoned, refused, or withdrawn, you might still be able to proceed.
Click the ‘Show Details’ button on each listing to view:
- Trademark owner’s name
- Application date
- Goods/services listed
- Status and hearing history
✅ Step 5: Consider a Phonetic Search
Phonetically similar trademarks can still trigger rejections or opposition. To do this:
- Go back to the tool.
- Check the Phonetic Search box.
- Repeat your search with spelling variations or similar-sounding names.
This helps catch potential rejections early.
✅ Step 6: Conduct a Logo/Device Mark Search (Optional)
If you’re registering a logo or symbol, use the Vienna Code Search:
- Determine the Vienna Code for your logo type.
- For example, a logo with a “wheel” may have a code like 12.01.10.
- Enter the code in the tool and run the search under Class 12.
✅ Step 7: Perform a Google and Domain Search
Check that:
- No other business in the automotive space is using the name.
- The domain name (.com/.in) is available.
- Social media handles aren’t already in use.
This ensures online brand identity consistency and avoids digital conflicts.
✅ Step 8: Consult a Trademark Professional
If you’re unsure whether a mark is too similar or legally risky, consult a trademark attorney or expert. They can:
- Interpret search results
- Check international databases (especially if you plan to export)
- Suggest creative tweaks to avoid rejections
- File the application professionally
📁 Documents Required for Trademark Application in Class 12
After confirming availability, prepare the following:
- Applicant’s name and address
- Nature of the applicant (individual, company, LLP, etc.)
- Brand name/logo
- Power of Attorney (Form TM-48)
- Details of goods/services (i.e., vehicle type, part, etc.)
- Date of first use (if already used)
💰 Trademark Class 12 Registration Fees
- Government Fee:
- ₹4,500 for individuals/startups
- ₹9,000 for companies
- Professional Fee (optional):
- ₹1,500 to ₹4,000 depending on the agent or firm
⏳ Timeline for Registration After Availability Check
| Stage | Time Estimate |
|---|---|
| Trademark search | Same day (online) |
| Filing application | 1-2 days after document prep |
| Examination by Registry | 1-3 months |
| Objection (if any) | 1-3 months resolution |
| Advertisement in Journal | After acceptance |
| Registration certificate | 6-12 months (if no opposition) |
💡 Tips for a Successful Trademark in Class 12
- Choose a unique and creative name not directly related to the product (e.g., “Tesla” instead of “Electric Motors”)
- Avoid generic terms like “Auto India” or “BikeMart”
- Don’t imitate famous brands—even slightly
- Register under multiple relevant classes if needed
🔒 Wrapping Up: Secure Your Automotive Brand with Confidence
Checking trademark availability in Class 12 is more than just a precaution—it’s a smart business move that sets the foundation for your brand’s legal and market identity.
Whether you’re launching a luxury vehicle line, a spare parts venture, or an electric mobility startup, ensuring a clear, conflict-free brand name will protect you from future disputes and give you a competitive edge.
🚀 Need Expert Help with Class 12 Trademark Registration?
VMK Professionals can simplify the entire trademark journey for your vehicle or transport equipment brand—from Class 12 trademark search to successful registration.
📌 Get in Touch:
✅ Trademark Search
✅ Trademark Filing
✅ Objection Handling
✅ PAN India Support
✅ Affordable Pricing
📞 Call us today to secure your automotive brand under Class 12!
