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Is DIABLO trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 5, 8, 34 · latest 22 April 2024

Yes, "DIABLO" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 9 October 2023 and 22 April 2024, in class 5 (pharmaceuticals and health), class 8 (hand tools) and class 34 (tobacco and smokers' articles), by Sudarshan Farm Chemicals India PVT. LTD., Anant Tools (Unit No. Ii) PVT. LTD. and an individual applicant. Of these, 1 is a logo whose text we read as "DIABLO". The opposition windows have closed.

3 applications named DIABLO

ApplicationClassApplicantFiledAdvertisedOpposition
6346012logo mark 34Tobacco and smokers' articles Individual applicant (G. P.) 13 March 2024 No. 215322 April 2024 closed22 August 2024
5853633DIABLO 5Pharmaceuticals and health Sudarshan Farm Chemicals India PVT. LTD. 18 March 2023 No. 212616 October 2023 closed16 February 2024
5917456DIABLO 8Hand tools Anant Tools (Unit No. Ii) PVT. LTD. 1 May 2023 No. 21259 October 2023 closed9 February 2024

Goods and services claimed

Class 34: Tobacco and smokers' articles · application 6346012

GUTKA, ZARDA, QUIAM; CHEWING TOBACCO, KHAINI, CIGARETTES AND SMOKERS ARTICLE.

Proposed to be used · Delhi office · full journal entry

Class 5: Pharmaceuticals and health · application 5853633

Pesticides, Insecticides, Fungicides, Weedicides, Herbicides, Disinfectants, Preparations for destroying pests, Preparations for destroying insects, Preparation for killing weeds and destroying vermin included in Class 5

Proposed to be used · Mumbai office · full journal entry

Class 8: Hand tools · application 5917456

HAND TOOLS, CARPENTRY TOOLS, GARDEN TOOLS, ENGINEERING TOOLS INCLUDED IN CLASS 8.

Proposed to be used · Delhi office · full journal entry

Can I use or register "DIABLO"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health), class 8 (hand tools) and class 34 (tobacco and smokers' articles), 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural services), 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. "DIABLO" 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 7 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 DIABLO

Is DIABLO a registered trademark?

DIABLO has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 22 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 DIABLO trademark?

As advertised: Sudarshan Farm Chemicals India PVT. LTD.; Anant Tools (Unit No. Ii) PVT. LTD.; plus 1 individual applicant.

Can I register a trademark similar to DIABLO?

Not for the same or related goods in class 5, class 8, class 34: 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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