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Is BIRYANI BY trademarked in India?

4 applications advertised in the Trade Marks Journal · classes 30, 35, 43 · latest 25 December 2023

Yes, "BIRYANI BY" has been applied for as a trademark in India. 4 applications under this name were advertised in the Trade Marks Journal between 28 August 2023 and 25 December 2023, in class 30 (staples, spices and confectionery), class 35 (advertising, business and retail) and class 43 (food services and accommodation), by Sky Gate Hospitality Private Limited. Of these, 1 is a logo whose text we read as "BIRYANI BY". The opposition windows have closed.

4 applications named BIRYANI BY

ApplicationClassApplicantFiledAdvertisedOpposition
4639317BIRYANI BY 35Advertising, business and retail Sky Gate Hospitality Private Limited 3 September 2020 No. 213625 December 2023 closed25 April 2024
6132134logo mark 35Advertising, business and retail Sky Gate Hospitality Private Limited 30 September 2023 No. 21296 November 2023 closed6 March 2024
4639316BIRYANI BY 30Staples, spices and confectionery Sky Gate Hospitality Private Limited 3 September 2020 No. 211928 August 2023 closed28 December 2023
4639318BIRYANI BY 43Food services and accommodation Sky Gate Hospitality Private Limited 3 September 2020 No. 211928 August 2023 closed28 December 2023

Goods and services claimed

Class 35: Advertising, business and retail · application 4639317

RETAIL SERVICES RELATING TO FOOD; RETAIL SERVICES FOR FOODSTUFFS; RETAIL OR WHOLESALE SERVICES FOR FOOD AND BEVERAGES; ONLINE RETAIL STORE SERVICES FEATURING FOODSTUFFS

Use claimed since 05/02/2015 · Delhi office · full journal entry

Class 35: Advertising, business and retail · application 6132134

" PROVIDING BUSINESS INFORMATION IN THE FIELD OF RESTAURANTS, HOSPITALITY, CATERING AND FOOD DELIVERY; ONLINE ADVERTISING AND MARKETING SERVICES FOR CATERING AND RESTAURANTS, NAMELY, SOCIAL MEDIA, INTERNET AND MOBILE MARKETING; EVENT MANAGEMENT; RETAIL SERVICES RELATING TO FOOD; RETAIL SERVICES FOR FOODSTUFFS; RETAIL OR WHOLESALE SERVICES FOR FOOD AND BEVERAGES; ONLINE RETAIL STORE SERVICES FEATURING FOODSTUFFS…

Proposed to be used · Delhi office · full journal entry

Class 30: Staples, spices and confectionery · application 4639316

SPICES; MIXED SPICES; POWDERED SPICES: FOOD SEASONINGS: FOOD FLAVOURINGS; FOODSTUFFS MADE OF RICE, CEREALS AND LENTILS REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE TERMS SEPARATELY AND MARK SHALL BE USED AS WHOLE..

Use claimed since 05/02/2015 · Delhi office · full journal entry

Class 43: Food services and accommodation · application 4639318

SERVICES FOR PROVIDING FOOD AND DRINK; CATERING SERVICES; RESTAURANTS FEATURING HOME DELIVERY, TAKE AWAY FOOD SERVICES. REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE TERMS SEPARATELY AND MARK SHALL BE USED AS WHOLE..

Use claimed since 05/02/2015 · Delhi office · full journal entry

Can I use or register "BIRYANI BY"?

For the same or related goods, probably not. In class 30 (staples, spices and confectionery), class 35 (advertising, business and retail) and class 43 (food services and accommodation), 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 29 (meat, dairy and processed food), class 32 (beverages, non-alcoholic), class 31 (fresh produce and agriculture) 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. "BIRYANI BY" appears in 3 classes; the other 42 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 11 similar names in the same classes (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 BIRYANI BY

Is BIRYANI BY a registered trademark?

BIRYANI BY has been applied for and advertised in the Trade Marks Journal (4 applications, latest on 25 December 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 BIRYANI BY trademark?

As advertised: Sky Gate Hospitality Private Limited.

Can I register a trademark similar to BIRYANI BY?

Not for the same or related goods in class 30, class 35, class 43: 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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