2 applications named 5TH ELEMENT
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 55433885TH ELEMENT | 20Furniture | Individual applicant (M. S. S.) | 25 July 2022 | No. 215215 April 2024 | closed15 August 2024 |
| 55433875TH ELEMENT | 14Jewellery and watches | Individual applicant (M. S. S.) | 25 July 2022 | No. 21518 April 2024 | closed8 August 2024 |
Goods and services claimed
Class 20: Furniture · application 5543388
PILLOWS; SCENTED PILLOWS; BATH PILLOWS; BEDS, BEDDING, MATTRESSES, PILLOWS AND CUSHIONS; POUFFES [FURNITURE]; MATTRESSES; CHANGING MATS; SLEEPING MATS; FOAM MATTRESSES; FURNITURE, MIRRORS, PICTURE FRAMES; CONTAINERS, NOT OF METAL, FOR STORAGE OR TRANSPORT; UNWORKED OR SEMI-WORKED BONE, HORN, WHALEBONE OR MOTHER-OF-PEARL; SHELLS; MEERSCHAUM; YELLOW AMBER ALL INCLUDED IN CLASS 20 THIS IS CONDITION OF REGISTRATION…
Proposed to be used · Chennai office · full journal entry
Class 14: Jewellery and watches · application 5543387
SILVER & GOLD JEWELLERY; ORNAMENTS; PEARLS, GEMS, DIAMOND, PRECIOUS, & SEMI PRECIOUS STONES.; JEWELLERY; IMITATION JEWELLERY; BROOCHES; ORNAMENTAL PINS; CUFFLINKS; TIEPINS; MONEY CLIPS; KEY RINGS; PRECIOUS STONES; HOROLOGICAL AND CHRONOMETRIC INSTRUMENTS; CLOCKS; WATCHES; WATCH STRAPS; DECORATIVE OBJECTS; TABLEWARE (EXPECT CUTLERY); PARTS AND FITTINGS FOR ALL THE FOREGOING; ITEMS MADE FROM PRECIOUS OR SEMI PRECIOUS…
Proposed to be used · Chennai office · full journal entry
Can I use or register "5TH ELEMENT"?
For the same or related goods, probably not. In class 14 (jewellery and watches) and class 20 (furniture), a new application for an identical or confusingly similar name is likely to be objected to by the Registry under Section 11 of the Trade Marks Act, 1999, or opposed by the earlier applicant. Closely related classes, such as class 35 (advertising, business and retail), class 40 (treatment of materials and manufacturing), class 26 (lace, buttons and accessories) and class 9 (electronics and software), carry the same risk.
For unrelated goods, often yes. The same word can be registered by different owners in different classes when the goods are unrelated and the earlier mark is not well known. "5TH ELEMENT" appears in 2 classes; the other 43 may still be open, subject to a search.
A small change rarely helps. Adding a word, changing a letter or using a logo does not avoid conflict on its own: marks are compared as a whole, by look, sound and idea. We already see 1 similar name in the same class (below).
Similar names in the journal
- ELEMENTcontains the name · class 3 (Cosmetics and cleaning) · Star Alliance Pharmaceuticals LLP
- Element 5similar spelling · class 25 (Clothing, footwear and headwear) · Proprietor of Kay Ess Hosiery Emporium
- SIXTH ELEMENT logosimilar spelling · class 5 (Pharmaceuticals and health) · Individual applicant (S. S. K.)
- BE TH ELEMENT OF CHANGE logosimilar spelling · class 99 () · [International Registration No. : 1717942]
- THE SKIN ELEMENTsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (P. J.)
- 11 ELEMENTsimilar spelling · class 25 (Clothing, footwear and headwear) · Individual applicant (S. V. L.)
- TI ELEMENTsimilar spelling · class 7 (Machines and motors) · Fluid Management, INC.
- FIRST ELEMENTsimilar spelling · class 40 (Treatment of materials and manufacturing) · First Element Private Limited
- HOMES ELEMENTsimilar spelling · class 20 (Furniture) · Individual applicant (M. M.)
- TRUE ELEMENTsimilar spelling · class 7 (Machines and motors) · Proprietor of True Element
- ELEMENT ZERO LABSsimilar spelling · class 35 (Advertising, business and retail) · Prutha Advisory Services Private Limited
- THE ELEMENTsimilar spelling · class 99 () · Hewlett Packard Enterprise Development Lp
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about 5TH ELEMENT
Is 5TH ELEMENT a registered trademark?
5TH ELEMENT has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 15 April 2024). Advertisement means the Registry accepted the application; it is registered only if no opposition succeeds within four months of the journal date. The journal does not record the later outcome, so check the live register before relying on it.
Who applied for the 5TH ELEMENT trademark?
The applications were filed by individual applicants. We do not publish individuals' names.
Can I register a trademark similar to 5TH ELEMENT?
Not for the same or related goods in class 14, class 20: a confusingly similar name is likely to be refused or opposed. For unrelated goods it may be possible after a search. Ask for a free availability report before you file.
What does "advertised" mean? Read trademark status meanings, how long registration takes and how to run a trademark search.
Source and limits. Built from the Trade Marks Journal published by the Registrar of Trade Marks (a public record), issues from August 2021 onwards, as advertised and subject to transcription errors. The journal shows that an application was accepted and advertised; it does not show what happened afterwards (registration, opposition, withdrawal or abandonment), applications not yet advertised, or marks advertised before August 2021, so this is not the live register status. Applicants may ask for a correction or removal by writing to mehak@trademarkindia.pro. Information only, not legal advice and not a solicitation.