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Is HAMBA-KAYA trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 6, 12, 35 · latest 11 October 2021

Yes, "HAMBA-KAYA" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 4 October 2021 and 11 October 2021, in class 6 (metal goods), class 12 (vehicles) and class 35 (advertising, business and retail), by Orion Exports. The opposition windows have closed.

3 applications named HAMBA-KAYA

ApplicationClassApplicantFiledAdvertisedOpposition
5127818HAMBA-KAYA 6Metal goods Orion Exports 11 September 2021 No. 202111 October 2021 closed11 February 2022
5127820HAMBA-KAYA 35Advertising, business and retail Orion Exports 11 September 2021 No. 202111 October 2021 closed11 February 2022
5127819HAMBA-KAYA 12Vehicles Orion Exports 11 September 2021 No. 20204 October 2021 closed4 February 2022

Goods and services claimed

Class 6: Metal goods · application 5127818

Metal hardware, Common metals and their alloys , Emblems of metal for vehicles& Small items of metal hardware

Use claimed since 25/02/2019 · Delhi office · full journal entry

Class 35: Advertising, business and retail · application 5127820

Advertising, Business Administration and Management of wholesale & Retail outlets; Trading, Marketing & Online Marketing relating to Metal hardware, Common metals and their alloys , Emblems of metal for vehicles& Small items of metal hardware, Bicycles, Bicycle parts, Tubes for vehicle wheels & Tyres.

Use claimed since 25/02/2019 · Delhi office · full journal entry

Class 12: Vehicles · application 5127819

Bicycles, Bicycle parts, Tubes for vehicle wheels & Tyres.

Use claimed since 25/02/2019 · Delhi office · full journal entry

Can I use or register "HAMBA-KAYA"?

For the same or related goods, probably not. In class 6 (metal goods), 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 19 (building materials), class 20 (furniture), class 7 (machines and motors) and class 37 (construction, installation and repair), 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. "HAMBA-KAYA" appears in 3 classes; the other 42 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 HAMBA-KAYA

Is HAMBA-KAYA a registered trademark?

HAMBA-KAYA has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 11 October 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 HAMBA-KAYA trademark?

As advertised: Orion Exports.

Can I register a trademark similar to HAMBA-KAYA?

Not for the same or related goods in class 6, 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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