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Is BYE-TEARS trademarked in India?

2 applications advertised in the Trade Marks Journal · class 3 · latest 18 December 2023

Yes, "BYE-TEARS" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 19 June 2023 and 18 December 2023, in class 3 (cosmetics and cleaning), by 2 individual applicants. The opposition windows have closed.

2 applications named BYE-TEARS

ApplicationClassApplicantFiledAdvertisedOpposition
6196165BYE-TEARS 3Cosmetics and cleaning Individual applicant (A. S.) 24 November 2023 No. 213518 December 2023 closed18 April 2024
5702856BYE-TEARS 3Cosmetics and cleaning Individual applicant (A. S.) 30 November 2022 No. 210919 June 2023 closed19 October 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 6196165

COSMETICS

Proposed to be used · Delhi office · full journal entry

Class 3: Cosmetics and cleaning · application 5702856

COSMETICS

Proposed to be used · Delhi office · full journal entry

Can I use or register "BYE-TEARS"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 5 (pharmaceuticals and health), class 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) and class 35 (advertising, business and retail), 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. "BYE-TEARS" 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.

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Is BYE-TEARS your brand? Watch it freeWe read every weekly journal issue, logos included, and email you when a similar name is advertised, while you can still oppose it. Ask a Trademark AttorneyDoes this name affect your brand? Ask on WhatsApp. The first answer is free. Which class is mine?Describe your business and get the classes to file in, with the traps for your trade.

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 BYE-TEARS

Is BYE-TEARS a registered trademark?

BYE-TEARS has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 18 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 BYE-TEARS trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to BYE-TEARS?

Not for the same or related goods in class 3: 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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