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Is FUNCAPERS trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 41, 43 · latest 16 January 2023

Yes, "FUNCAPERS" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 16 January 2023, in class 41 (education and entertainment) and class 43 (food services and accommodation), by Dsd Enterprises. The opposition windows have closed.

2 applications named FUNCAPERS

ApplicationClassApplicantFiledAdvertisedOpposition
5568984FUNCAPERS 41Education and entertainment Dsd Enterprises 13 August 2022 No. 208716 January 2023 closed16 May 2023
5568985FUNCAPERS 43Food services and accommodation Dsd Enterprises 13 August 2022 No. 208716 January 2023 closed16 May 2023

Goods and services claimed

Class 41: Education and entertainment · application 5568984

Entertainment Services, Provision of play facilities for children, Children's adventure playground services, Fun park services, Adventure playground services, Operation of rollercoaster rides, Providing zip line rides for recreational purposes, Recreational Fun Zone, Amusement park/zone/club and funfair services, Game shows, Computer virtual games zone, Gaming services, Electronic Game Services, Organisation games…

Proposed to be used · Delhi office · full journal entry

Class 43: Food services and accommodation · application 5568985

Services related to provision of food and drink, Services for providing food and drink; Restaurant, Hotel, Cafeteria, Cafe, Catering Services, Hotel and Resort management and operation Services, Temporary accommodation Services, Hotel Concierge Services, Convention Facilities, Child daycare services,Day nursery services, Hotel reservation services.

Proposed to be used · Delhi office · full journal entry

Can I use or register "FUNCAPERS"?

For the same or related goods, probably not. In class 41 (education and entertainment) 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 9 (electronics and software), class 16 (paper, printing and stationery), class 38 (telecommunications) and class 35 (advertising, business and retail), 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. "FUNCAPERS" 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.

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Questions about FUNCAPERS

Is FUNCAPERS a registered trademark?

FUNCAPERS has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 16 January 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 FUNCAPERS trademark?

As advertised: Dsd Enterprises.

Can I register a trademark similar to FUNCAPERS?

Not for the same or related goods in class 41, class 43: 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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