3 applications named DOWN, BUT NOT OUT!
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5764905DOWN, BUT NOT OUT! | 41Education and entertainment | Individual applicant (A. G.) | 14 January 2023 | No. 214022 January 2024 | closed22 May 2024 |
| 5764903DOWN, BUT NOT OUT! | 16Paper, printing and stationery | Individual applicant (A. G.) | 14 January 2023 | No. 21296 November 2023 | closed6 March 2024 |
| 5764904DOWN, BUT NOT OUT! | 25Clothing, footwear and headwear | Individual applicant (A. G.) | 14 January 2023 | No. 21296 November 2023 | closed6 March 2024 |
Goods and services claimed
Class 41: Education and entertainment · application 5764905
Education; Providing of training; Entertainment; Television Entertainment; Sporting and cultural activities.
Use claimed since 06/01/2023 · Delhi office · full journal entry
Class 16: Paper, printing and stationery · application 5764903
Books; Paper, cardboard and goods made from these materials, not included in other classes; Printed matter; Stationery.
Proposed to be used · Delhi office · full journal entry
Class 25: Clothing, footwear and headwear · application 5764904
Clothing; Footwear; Headgear; Masks made of cloth.
Proposed to be used · Delhi office · full journal entry
Can I use or register "DOWN, BUT NOT OUT!"?
For the same or related goods, probably not. In class 16 (paper, printing and stationery), class 25 (clothing, footwear and headwear) 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 9 (electronics and software), class 42 (software, it and design services) and class 18 (leather, bags and luggage), 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. "DOWN, BUT NOT OUT!" 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.
Questions about DOWN, BUT NOT OUT!
Is DOWN, BUT NOT OUT! a registered trademark?
DOWN, BUT NOT OUT! has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 22 January 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 DOWN, BUT NOT OUT! trademark?
The applications were filed by individual applicants. We do not publish individuals' names.
Can I register a trademark similar to DOWN, BUT NOT OUT!?
Not for the same or related goods in class 16, class 25, 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.