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TECH · application 5432809, class 35

Advertised in Trade Marks Journal No. 2165 on 15 July 2024. Opposition window closes 15 November 2024.

TECH

Application
5432809 · filed 2 May 2022 · Mumbai office
Class
Class 35: Advertising, business and retail
Applicant
Troika Tech Services Private Limited (Company)
Use claimed
Used since 27/04/2017
Advertised
Trade Marks Journal No. 2165, 15 July 2024

Goods or services claimed

Digital marketing Attorney Nabanita submitted that the all the conflicting marks cited in examination report are as a whole different and all are doing business in their respective jurisdiction. Applicant claiming user since 2017, user affidavit along with user documents filed. Ld. Attorney further relied on case of Cadila Health Care Ltd Vs Cadila Pharmaceuticals Ltd for anti dissection rule under section 17 of trade marks act 1999. Proprietor of conflicting mark claiming rights over the entire class of goods/services, which is not permissible in law. Attorney relied on case of Nandhini Deluxe Vs Karnataka Co-Operative Milk Producers Federation Ltd where it is held that proprietor of a Trade Mark cannot enjoy monopoly over entire class of goods/services particularly when he is not using said trademark in respect of certain goods/services falling under same Class. There is no likelihood of confusion, hence objection waived application accepted for publication..

Opposition window closes 15 November 2024. This mark has passed examination and is advertised so that anyone with an earlier right can object. A notice of opposition (Form TM-O) may be filed until that date; after it, the application proceeds to registration and the mark can only be challenged by rectification. Whether an opposition is worth filing depends on how close the marks are and whether the goods overlap: see how opposition works.

Similar marks in class 35, same issue

Found by the same matcher that powers Brand Watch: identical, contained, near-spellings and sounds-alike names.

What "advertised" means for TECH

Advertised is not registered. The Registry examined the application, found no bar (or the applicant overcame the objection), and published it. Registration follows only if no opposition is filed within four months, or if an opposition fails. Until the certificate issues, the applicant may use ™ but not ®. Our guide to trademark status meanings explains each stage, and how long registration takes gives realistic timelines.

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Source and corrections. Details are reproduced as advertised by the Registrar of Trade Marks in the Trade Marks Journal (a public record) and may contain errors of transcription. Applicants may ask for a correction or removal of their entry by writing to mehak@trademarkindia.pro. This page is information, not legal advice and not a solicitation.

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