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Is GEM TEK trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 12, 35 · latest 23 August 2021

Yes, "GEM TEK" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 16 August 2021 and 23 August 2021, in class 12 (vehicles) and class 35 (advertising, business and retail), by Hero Cycles Limited. The opposition windows have closed.

2 applications named GEM TEK

ApplicationClassApplicantFiledAdvertisedOpposition
5067230GEM TEK 35Advertising, business and retail Hero Cycles Limited 30 July 2021 No. 201423 August 2021 closed23 December 2021
5067229GEM TEK 12Vehicles Hero Cycles Limited 30 July 2021 No. 201316 August 2021 closed16 December 2021

Goods and services claimed

Class 35: Advertising, business and retail · application 5067230

IMPORT, EXPORT, MARKETING, DISTRIBUTION, ADVERTISING, RETAIL, WHOLESALE SERVICES, PROMOTING THE GOODS AND SERVICES VIZ. BICYCLES, TRICYCLES, PARTS, FITTINGS AND ACCESSORIES THEREOF, TYRES, TUBES, FLAPS FOR BICYCLES AND TRICYCLES.

Proposed to be used · Delhi office · full journal entry

Class 12: Vehicles · application 5067229

BICYCLES, TRICYCLES, PARTS, FITTINGS AND ACCESSORIES THEREOF, TYRES, TUBES, FLAPS FOR BICYCLES AND TRICYCLES.

Proposed to be used · Delhi office · full journal entry

Can I use or register "GEM TEK"?

For the same or related goods, probably not. In class 12 (vehicles) and class 35 (advertising, business and retail), 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 37 (construction, installation and repair), class 9 (electronics and software), class 4 (fuels, oils and candles) and class 42 (software, it and design services), 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. "GEM TEK" 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 6 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 GEM TEK

Is GEM TEK a registered trademark?

GEM TEK has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 23 August 2021). 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 GEM TEK trademark?

As advertised: Hero Cycles Limited.

Can I register a trademark similar to GEM TEK?

Not for the same or related goods in class 12, class 35: 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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