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Is BERTH trademarked in India?

2 applications advertised in the Trade Marks Journal · class 9 · latest 13 November 2023

Yes, "BERTH" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 13 November 2023, in class 9 (electronics and software), by Berth Audio Private Limited. Of these, 1 is a logo whose text we read as "BERTH". The opposition windows have closed.

2 applications named BERTH

ApplicationClassApplicantFiledAdvertisedOpposition
6138309BERTH 9Electronics and software Berth Audio Private Limited 6 October 2023 No. 213013 November 2023 closed13 March 2024
6138310logo mark 9Electronics and software Berth Audio Private Limited 6 October 2023 No. 213013 November 2023 closed13 March 2024

Goods and services claimed

Class 9: Electronics and software · application 6138309

Earphones, Earbuds and Headphones, Wireless earphones for smartphones, Wired earphones, Speakers, Bluetooth speakers, Wi-Fi Speakers, Soundbars, Home theatre systems, Gaming headsets for playing video games, Neckband earphones, Smart wearables, Smart watches, Watches that communicate data to smartphones; Smart watchbands, Wearable smartphones, Smart rings, Audio Products, Apparatus for recording, transmission or…

Proposed to be used · Delhi office · full journal entry

Class 9: Electronics and software · application 6138310

Earphones, Earbuds and Headphones, Wireless earphones for smartphones, Wired earphones, Speakers, Bluetooth speakers, Wi-Fi Speakers, Soundbars, Home theatre systems, Gaming headsets for playing video games, Neckband earphones, Smart wearables, Smart watches, Watches that communicate data to smartphones; Smart watchbands, Wearable smartphones, Smart rings, Audio Products, Apparatus for recording, transmission or…

Proposed to be used · Delhi office · full journal entry

Can I use or register "BERTH"?

For the same or related goods, probably not. In class 9 (electronics and software), 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 42 (software, it and design services), class 38 (telecommunications), class 35 (advertising, business and retail) and class 41 (education and entertainment), 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. "BERTH" 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).

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Similar names in the journal

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about BERTH

Is BERTH a registered trademark?

BERTH has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 13 November 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 BERTH trademark?

As advertised: Berth Audio Private Limited.

Can I register a trademark similar to BERTH?

Not for the same or related goods in class 9: 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.

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