Is ELEMENT trademarked in India?

18 applications named ELEMENT

Goods and services claimed

Can I use or register "ELEMENT"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health), class 7 (machines and motors), class 9 (electronics and software), class 11 (lighting, heating and cooling), class 12 (vehicles), class 25 (clothing, footwear and headwear), class 27 (carpets and floor coverings), class 35 (advertising, business and retail) and class 43 (food services and accommodation), 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 21 (household and kitchenware), class 44 (medical, beauty and agricultural services), class 10 (medical devices) and class 30 (staples, spices and confectionery), 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. "ELEMENT" appears in 10 classes; the other 35 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 6 similar names in the same classes (below).

Similar names in the journal

• Five Elementscontains the name · class 33 (Alcoholic beverages) · Reekriti Distilleries Private Limited
• COVALENCE ELEMENTScontains the name · class 1 (Chemicals) · Covalence Elements PVT. LTD.
• ELEMENTAL, SCULPTED BY NATUREcontains the name · class 14 (Jewellery and watches) · Individual applicant (S. D.)
• THE SEVEN ELEMENTScontains the name · class 43 (Food services and accommodation) · Individual applicant (D. S.)
• THE SKIN ELEMENTcontains the name · class 3 (Cosmetics and cleaning) · Individual applicant (P. J.)
• INMYELEMENTcontains the name · class 25 (Clothing, footwear and headwear) · Vmg Creations
• Elementocontains the name · class 5 (Pharmaceuticals and health) · Individual applicant (K. A.)
• SHRELEMENTScontains the name · class 42 (Software, IT and design services) · Proprietor of Shrelements
• EPOCH ELEMENTScontains the name · class 6 (Metal goods) · Kamonk Projects Private Limited
• Best of Elements - Where Self Care is a Prioritycontains the name · class 5 (Pharmaceuticals and health) · Intreccio Marketing Private Limited
• KERAMINO ELEMENT PROFESSIONALcontains the name · class 3 (Cosmetics and cleaning) · Individual applicant (J.)
• 13ELEMENTScontains the name · class 30 (Staples, spices and confectionery) · Individual applicant (N. G.)

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about ELEMENT

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.