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Is DARKOLATES trademarked in India?

2 applications advertised in the Trade Marks Journal · class 30 · latest 4 December 2023

Yes, "DARKOLATES" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 4 December 2023, in class 30 (staples, spices and confectionery), by Proprietor of Darkolates. Of these, 1 is a logo whose text we read as "DARKOLATES". The opposition windows have closed.

2 applications named DARKOLATES

ApplicationClassApplicantFiledAdvertisedOpposition
6114008logo mark 30Staples, spices and confectionery Proprietor of Darkolates 17 September 2023 No. 21334 December 2023 closed4 April 2024
6114009DARKOLATES 30Staples, spices and confectionery Proprietor of Darkolates 17 September 2023 No. 21334 December 2023 closed4 April 2024

Goods and services claimed

Class 30: Staples, spices and confectionery · application 6114008

Chocolate topping, Semisweet chocolate, Bittersweet chocolate, Chocolate éclairs, Chocolate eclairs, Cooking chocolate, Bitter chocolate, Unsweetened chocolate, Baking chocolate, Chocolate sprinkles, Dark chocolate, Black chocolate, White chocolate, Chocolate souffles, Chocolate soufflés, Chocolate cookies, Chocolate cupcakes, Chocolate tarts, Chocolate pies, Chocolate mousse, Chocolates, Chocolate paste, Chocolate…

Use claimed since 24/07/2018 · Chennai office · full journal entry

Class 30: Staples, spices and confectionery · application 6114009

Chocolate topping, Semisweet chocolate, Bittersweet chocolate, Chocolate éclairs, Chocolate eclairs, Cooking chocolate, Bitter chocolate, Unsweetened chocolate, Baking chocolate, Chocolate sprinkles, Dark chocolate, Black chocolate, White chocolate, Chocolate souffles, Chocolate soufflés, Chocolate cookies, Chocolate cupcakes, Chocolate tarts, Chocolate pies, Chocolate mousse, Chocolates, Chocolate paste, Chocolate…

Use claimed since 24/07/2018 · Chennai office · full journal entry

Can I use or register "DARKOLATES"?

For the same or related goods, probably not. In class 30 (staples, spices and confectionery), 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 43 (food services and accommodation) 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. "DARKOLATES" 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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Questions about DARKOLATES

Is DARKOLATES a registered trademark?

DARKOLATES has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 4 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 DARKOLATES trademark?

As advertised: Proprietor of Darkolates.

Can I register a trademark similar to DARKOLATES?

Not for the same or related goods in class 30: 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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