1 application named Element 5
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 4566302Element 5 | 25Clothing, footwear and headwear | Proprietor of Kay Ess Hosiery Emporium | 12 July 2020 | No. 21425 February 2024 | closed5 June 2024 |
Can I use or register "Element 5"?
For the same or related goods, probably not. In 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 35 (advertising, business and retail), class 18 (leather, bags and luggage), class 24 (textiles and fabrics) and class 14 (jewellery and watches), 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 5" appears in 1 class; the other 44 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 1 similar name in the same class (below).
Similar names in the journal
- 5 Elements Lifecontains the name · class 41 (Education and entertainment) · Individual applicant (D. H. R.)
- ELEMENTcontains the name · class 9 (Electronics and software) · Element Brand Holding, Llc
- 5 Elements Breathworkcontains the name · class 41 (Education and entertainment) · Individual applicant (D. M.)
- LEMENT logocontains the name · class 20 (Furniture) · Individual applicant (R.)
- FILM 5 ELEMENTS logocontains the name · class 41 (Education and entertainment) · Shukar Studios Private Limited
- CST 5 ELEMENTS logocontains the name · class 11 (Lighting, heating and cooling) · Individual applicant (C. T. T.)
- 5 Elements logocontains the name · class 3 (Cosmetics and cleaning) · Proprietor of 5 Elements Ayurveda
- THE 5 ELEMENTS logocontains the name · class 3 (Cosmetics and cleaning) · Future Cosmetics Co. LTD
- THE SKIN ELEMENTsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (P. J.)
- 11 ELEMENTsimilar spelling · class 25 (Clothing, footwear and headwear) · Individual applicant (S. V. L.)
- TI ELEMENTsimilar spelling · class 7 (Machines and motors) · Fluid Management, INC.
- 5TH ELEMENTsimilar spelling · class 14 (Jewellery and watches) · Individual applicant (M. S. S.)
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 5
Is Element 5 a registered trademark?
Element 5 has been applied for and advertised in the Trade Marks Journal (1 application, latest on 5 February 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 Element 5 trademark?
As advertised: Proprietor of Kay Ess Hosiery Emporium.
Can I register a trademark similar to Element 5?
Not for the same or related goods in 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.