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Is CAPABILITY trademarked in India?

4 applications advertised in the Trade Marks Journal · classes 25, 31, 41 · latest 1 April 2024

Yes, "CAPABILITY" has been applied for as a trademark in India. 4 applications under this name were advertised in the Trade Marks Journal between 20 February 2023 and 1 April 2024, in class 25 (clothing, footwear and headwear), class 31 (fresh produce and agriculture) and class 41 (education and entertainment), by 4 individual applicants. Of these, 3 are logos whose text we read as "CAPABILITY". The opposition windows have closed.

4 applications named CAPABILITY

ApplicationClassApplicantFiledAdvertisedOpposition
5172307CAPABILITY 25Clothing, footwear and headwear Individual applicant (M. A. A.) 13 October 2021 No. 21501 April 2024 closed1 August 2024
5907662logo mark 41Education and entertainment Individual applicant (M. P.) 24 April 2023 No. 214419 February 2024 closed19 June 2024
6237294logo mark 41Education and entertainment Individual applicant (A. B.) 28 December 2023 No. 213915 January 2024 closed15 May 2024
5363002logo mark 31Fresh produce and agriculture Individual applicant (R. N.) 17 January 2022 No. 209220 February 2023 closed20 June 2023

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 5172307

READYMADE GARMENTS, HOSIERY ITEMS, UNDERGARMENTS IN CLASS 25

Proposed to be used · Delhi office · full journal entry

Class 41: Education and entertainment · application 6237294

Training; Training services; Business training; Language training; Computerized training; Employment training; Training courses; Adult training; Advanced training; Practical training; Personnel training; Industrial training; Training consultancy; Vocational training; Commercial training; Vocational skills training; Management training services; Organization of training; Life coaching [training];Providing training…

Proposed to be used · Delhi office · full journal entry

Class 31: Fresh produce and agriculture · application 5363002

IR DIVISION Living plants; natural flowers; roses [plants]; cut roses; propagating material of rose plants.

Proposed to be used · full journal entry

Can I use or register "CAPABILITY"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear), class 31 (fresh produce and agriculture) and class 41 (education and entertainment), 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 18 (leather, bags and luggage), class 24 (textiles and fabrics) and class 14 (jewellery and watches), 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. "CAPABILITY" 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 2 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 CAPABILITY

Is CAPABILITY a registered trademark?

CAPABILITY has been applied for and advertised in the Trade Marks Journal (4 applications, latest on 1 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 CAPABILITY trademark?

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

Can I register a trademark similar to CAPABILITY?

Not for the same or related goods in class 25, class 31, class 41: 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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