1 application named ABOVE THE FOLD
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5614395ABOVE THE FOLD | 35Advertising, business and retail | Individual applicant (A. K.) | 18 September 2022 | No. 20983 April 2023 | closed3 August 2023 |
Goods and services claimed
Class 35: Advertising, business and retail · application 5614395
services of Business consultancy; Marketing Brand Strategy; Brand Positioning; Brand Creation; Advertising Services to create corporate and brand identity; Advertising, Publicity, Production of Advertising Films, Advertising services to create brand identity, Promotion of goods through influencers, content creation services, sale promotion for others, script writing for advertising purposes, content marketing…
Use claimed since 02/04/2022 · Mumbai office · full journal entry
Can I use or register "ABOVE THE FOLD"?
For the same or related goods, probably not. In class 35 (advertising, business and retail), 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 9 (electronics and software), class 42 (software, it and design services), class 36 (finance, insurance and real estate) and class 39 (transport, logistics and travel), 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. "ABOVE THE FOLD" appears in 1 class; the other 44 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
- TASTE ABOVE THE RESTsimilar spelling · class 29 (Meat, dairy and processed food) · Individual applicant (M. Y. G.)
- A CUT ABOVE THE RESTsimilar spelling · class 29 (Meat, dairy and processed food) · Gfm Retail Private Limited
- Fashion That Hovers Above the Rest logosimilar spelling · class 25 (Clothing, footwear and headwear) · Tata Unistore Limited
- ABOVE THE REST logosimilar spelling · class 29 (Meat, dairy and processed food) · Bestin Developers PVT LTD
- RISE ABOVE THE ORDINARY SIP logosimilar spelling · class 32 (Beverages, non-alcoholic) · Mystic Spring
- Rising above the ordinary logosimilar spelling · class 29 (Meat, dairy and processed food) · Kader Exports Private Limited
- ABOVE THE STANDARD logosimilar spelling · class 19 (Building materials) · Individual applicant (S. K.)
- Taste Above The Restl logosimilar spelling · class 30 (Staples, spices and confectionery) · Sevens Food Lab
- Rise Above the logosimilar spelling · class 36 (Finance, insurance and real estate) · Individual applicant (M. C. G.)
- Above the logosimilar spelling · class 24 (Textiles and fabrics) · Proprietor of Al Raunaq Traders
- RISE ABOVE THE CROWD logosimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (P. R. B.)
- above the ordinary logosimilar spelling · class 43 (Food services and accommodation) · Proprietor of Contigo
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about ABOVE THE FOLD
Is ABOVE THE FOLD a registered trademark?
ABOVE THE FOLD has been applied for and advertised in the Trade Marks Journal (1 application, latest on 3 April 2023). 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 ABOVE THE FOLD trademark?
The application was filed by an individual applicant. We do not publish individuals' names.
Can I register a trademark similar to ABOVE THE FOLD?
Not for the same or related goods in class 35: 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.