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Is DERUST trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 4, 16 · latest 14 March 2022

Yes, "DERUST" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 15 November 2021 and 14 March 2022, in class 4 (fuels, oils and candles) and class 16 (paper, printing and stationery), by Proprietor of Durga Polypack. The opposition windows have closed.

2 applications named DERUST

ApplicationClassApplicantFiledAdvertisedOpposition
5175167DERUST 16Paper, printing and stationery Proprietor of Durga Polypack 16 October 2021 No. 204314 March 2022 closed14 July 2022
5175166DERUST 4Fuels, oils and candles Proprietor of Durga Polypack 16 October 2021 No. 202615 November 2021 closed15 March 2022

Goods and services claimed

Class 16: Paper, printing and stationery · application 5175167

Biodegradable Packaging Material; Packing material of Paper; Packaging materials of Cardboard; Plastic material for Packaging; Paper for wrapping and packaging; Plastic Sheets, Films and Bags for Wrapping and Packaging;

Use claimed since 01/09/2021 · Delhi office · full journal entry

Class 4: Fuels, oils and candles · application 5175166

Industrial Oils and Greases, Lubricants

Use claimed since 01/09/2021 · Delhi office · full journal entry

Can I use or register "DERUST"?

For the same or related goods, probably not. In class 4 (fuels, oils and candles) and class 16 (paper, printing and stationery), 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 1 (chemicals), class 37 (construction, installation and repair), class 35 (advertising, business and retail) and class 29 (meat, dairy and processed food), 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. "DERUST" appears in 2 classes; the other 43 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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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 DERUST

Is DERUST a registered trademark?

DERUST has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 14 March 2022). 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 DERUST trademark?

As advertised: Proprietor of Durga Polypack.

Can I register a trademark similar to DERUST?

Not for the same or related goods in class 4, class 16: 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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