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Is ELTUS MODE trademarked in India?

4 applications advertised in the Trade Marks Journal · classes 3, 21, 25, 26 · latest 13 June 2022

Yes, "ELTUS MODE" has been applied for as a trademark in India. 4 applications under this name were advertised in the Trade Marks Journal on 13 June 2022, in class 3 (cosmetics and cleaning), class 21 (household and kitchenware), class 25 (clothing, footwear and headwear) and class 26 (lace, buttons and accessories), by Eltus Mode Private Limited. The opposition windows have closed.

4 applications named ELTUS MODE

ApplicationClassApplicantFiledAdvertisedOpposition
5382736ELTUS MODE 3Cosmetics and cleaning Eltus Mode Private Limited 24 March 2022 No. 205613 June 2022 closed13 October 2022
5382737ELTUS MODE 21Household and kitchenware Eltus Mode Private Limited 24 March 2022 No. 205613 June 2022 closed13 October 2022
5382738ELTUS MODE 25Clothing, footwear and headwear Eltus Mode Private Limited 24 March 2022 No. 205613 June 2022 closed13 October 2022
5382739ELTUS MODE 26Lace, buttons and accessories Eltus Mode Private Limited 24 March 2022 No. 205613 June 2022 closed13 October 2022

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5382736

Shoe and boot polish; Leather polishes; Polishing preparations; Shoe polish applicators containing shoe polish; Polishes and creams for leather.

Proposed to be used · Delhi office · full journal entry

Class 21: Household and kitchenware · application 5382737

Shoe trees; Shoe horns; Shoe brushes; Brushes for footwear.

Proposed to be used · Delhi office · full journal entry

Class 25: Clothing, footwear and headwear · application 5382738

Footwear; Sports footwear; Sneakers [footwear]; Beach footwear; Climbing footwear; Footwear soles; Footwear for children; Synthetic leather footwear; Flip flops [footwear].

Proposed to be used · Delhi office · full journal entry

Class 26: Lace, buttons and accessories · application 5382739

Shoe laces; Laces for footwear.

Proposed to be used · Delhi office · full journal entry

Can I use or register "ELTUS MODE"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 21 (household and kitchenware), class 25 (clothing, footwear and headwear) and class 26 (lace, buttons and accessories), 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 5 (pharmaceuticals and health), class 44 (medical, beauty and agricultural services), class 35 (advertising, business and retail) and class 8 (hand tools), 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. "ELTUS MODE" appears in 4 classes; the other 41 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.

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Questions about ELTUS MODE

Is ELTUS MODE a registered trademark?

ELTUS MODE has been applied for and advertised in the Trade Marks Journal (4 applications, latest on 13 June 2022). 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 ELTUS MODE trademark?

As advertised: Eltus Mode Private Limited.

Can I register a trademark similar to ELTUS MODE?

Not for the same or related goods in class 3, class 21, class 25, class 26: 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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