In the world of firearms, ammunition, and explosive devices, brand reputation and legal protection are critical. Trademark registration plays a major role in protecting your brand identity and ensuring your product stands out in the market. However, before you proceed with registering a trademark under Class 13, it’s essential to check whether your desired brand name is available.
This blog provides a complete, original, and SEO-optimized guide on how to check trademark availability in Class 13 before filing your application. Whether you are a manufacturer of weapons, ammunition, fireworks, or related goods, this step-by-step process will help you avoid legal complications and set your brand on the right path.
What is Trademark Class 13?
Trademark Class 13 includes:
- Firearms
- Ammunition and projectiles
- Explosives
- Fireworks
These items are categorized under the Nice Classification, an international system that classifies goods and services for trademark registration. If your products fall into any of the categories listed above, you need to register your trademark under Class 13 to obtain the appropriate legal protection.
Why is it Important to Check Trademark Availability First?
Before spending time and money on filing a trademark application, checking availability can help you:
- Avoid Rejection: If your trademark is identical or similar to an existing one, your application might be rejected.
- Prevent Legal Disputes: Using a name already in use can lead to lawsuits or legal challenges.
- Save Time and Money: Filing without research can result in unnecessary costs and delays.
- Build a Unique Brand Identity: Ensuring your mark is distinct helps in better branding and market recall.
Where to Check for Trademark Availability in India?
India’s official platform for checking trademarks is the IP India Public Search Portal, managed by the Office of the Controller General of Patents, Designs, and Trademarks.
Website: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
This portal provides public access to all trademark applications and registered marks across various classes, including Class 13.
Step-by-Step Process to Check Trademark Availability in Class 13
Step 1: Visit the IP India Public Search Portal
Go to the trademark search page using the link provided above. This is the only official government platform to search trademarks in India.
Step 2: Choose the Type of Search
You will see three options:
- Wordmark: To search by name or text of the trademark.
- Phonetic: To search by sound or pronunciation.
- Vienna Code: For image or logo-based trademarks.
Tip: Begin with the “Wordmark” search if you are checking a brand name.
Step 3: Enter Your Proposed Brand Name
In the Wordmark field, type the name you want to register. Be precise and avoid typos.
Example: If your brand is “ArmSecure”, type it exactly like that.
Step 4: Select the Class Number
Since you’re searching for firearms and ammunition, select Class 13 in the class section.
This ensures you’re checking only within the relevant product category.
Step 5: Choose Matching Criteria
You can choose from several match types:
- Start With: Shows trademarks beginning with the word you typed.
- Contains: Shows trademarks containing the word anywhere.
- Exact: Shows only exact matches.
For broader results, select “Contains” to ensure thoroughness.
Step 6: Click Search and Analyze Results
Click on the “Search” button. You’ll get a list of similar or identical trademarks.
Each result will include:
- Application Number
- Wordmark
- Class
- Status (e.g., Registered, Objected, Abandoned)
- Applicant Name
Step 7: Interpret Trademark Status
Here’s what different statuses mean:
| Status | Meaning | Action |
|---|---|---|
| Registered | Trademark is approved and active | Avoid using similar marks |
| Objected | Examiner has raised an objection | Consider renaming or revising |
| Opposed | Someone has filed opposition | Consult a legal professional |
| Abandoned | Applicant didn’t respond to objections | Safer, but still check similarity |
| Withdrawn | Trademark withdrawn by the applicant | May be available |
| Accepted | Mark is accepted and advertised | Can still face opposition |
Step 8: Repeat Search Using Phonetic Option
Now go back and repeat the search using the Phonetic option. This checks for marks that sound similar to your brand.
Example: “GunSafe” and “Gunsaif” may have different spellings but sound similar.
This is especially important to avoid rejection based on phonetic resemblance.
Common Mistakes to Avoid During Trademark Search
- Only doing one type of search: You should do both Wordmark and Phonetic searches.
- Ignoring similar names: Minor spelling differences can still be problematic.
- Not checking the trademark status: Some marks may be inactive but still cause confusion.
- Assuming availability based on domain name: Just because a domain is free doesn’t mean the trademark is.
- Failing to document the search: Save or screenshot results for your records.
Tips for Choosing a Strong Trademark in Class 13
To increase the chances of approval and uniqueness:
- Use invented or coined words (e.g., Blazekor, Explorix)
- Avoid generic or descriptive names (e.g., “Best Fireworks”)
- Steer clear of government-related terms (like “Army” or “Police”)
- Do a domain name and social media handle check
What to Do If Your Desired Name is Already Taken
If your proposed trademark is already registered or too similar to another mark:
- Try using a different name altogether.
- Modify the name creatively without losing identity.
- Add a prefix or suffix to create uniqueness.
- Use a logo-based trademark if the wordmark is too common.
Always consult with a trademark professional before proceeding if conflicts arise.
Tools and Resources for Deeper Trademark Research
Besides IP India’s portal, you can use:
- WIPO Global Brand Database: For international trademark checks
- Private trademark attorneys: For detailed similarity reports
- Google Search & Social Media: To check online usage of similar names
Legal Assistance for Class 13 Trademark Registration
Though the IP India portal is free and public, interpreting the results isn’t always straightforward. Legal experts can:
- Help analyze similar marks
- Suggest unique alternatives
- Draft and file trademark applications properly
- Respond to objections, if any
At VMK Professionals, we specialize in Class 13 trademark registration. We help businesses dealing in firearms, ammunition, and fireworks secure their brands legally and quickly.
Final Thoughts
Checking trademark availability in Class 13 is a vital first step before filing your application. It ensures your brand stands legally protected and helps avoid unnecessary legal challenges. Use the steps in this guide to perform a detailed search and safeguard your brand identity before launching your product.
Let VMK Professionals Help You
Looking to file a trademark in Class 13 but unsure how to begin? We provide complete support, including:
- Trademark availability check
- Legal opinion and risk assessment
- Filing of Form TM-A and TM-48
- Post-filing support and response to objections
Contact us today at www.vmkprofessionals.com to protect your firearms and defense brand under Class 13.
Secure your brand today. Because your identity deserves protection.
