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Is DURACAP trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 9, 25 · latest 31 July 2023

Yes, "DURACAP" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 21 November 2022 and 31 July 2023, in class 9 (electronics and software) and class 25 (clothing, footwear and headwear), by Vans, INC. and an individual applicant. Of these, 1 is a logo whose text we read as "DURACAP". The opposition windows have closed.

2 applications named DURACAP

ApplicationClassApplicantFiledAdvertisedOpposition
5711462logo mark 9Electronics and software Individual applicant (M. J.) 6 December 2022 No. 211531 July 2023 closed1 December 2023
5374930DURACAP 25Clothing, footwear and headwear Vans, INC. 17 March 2022 No. 207921 November 2022 closed21 March 2023

Goods and services claimed

Class 9: Electronics and software · application 5711462

Capacitors; Electric capacitors; Condensers [capacitors]; Electric capacitors for telecommunication apparatus; Monolithic ceramic capacitors; Central processing unit [CPU] fans; Internal cooling fans for computers; Internal cooling fans for computers [hardware]; Electronic control circuits for electric fans; Heat regulators; Voltage regulators; Oxygen regulators; Energy regulators; Electric light regulators; Light…

Proposed to be used · Delhi office · full journal entry

Class 25: Clothing, footwear and headwear · application 5374930

Footwear, namely, casual shoes, athletic shoes, sneakers and boots.

Use claimed since 25/04/2011 · Delhi office · full journal entry

Can I use or register "DURACAP"?

For the same or related goods, probably not. In class 9 (electronics and software) and class 25 (clothing, footwear and headwear), 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 42 (software, it and design services), class 38 (telecommunications), class 35 (advertising, business and retail) and class 41 (education and entertainment), 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. "DURACAP" 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. 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 DURACAP

Is DURACAP a registered trademark?

DURACAP has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 31 July 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 DURACAP trademark?

As advertised: Vans, INC.; plus 1 individual applicant.

Can I register a trademark similar to DURACAP?

Not for the same or related goods in class 9, class 25: 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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