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Is HILLBERRY trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 1, 31, 35 · latest 3 July 2023

Yes, "HILLBERRY" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 6 March 2023 and 3 July 2023, in class 1 (chemicals), class 31 (fresh produce and agriculture) and class 35 (advertising, business and retail), by 3 individual applicants. The opposition windows have closed.

3 applications named HILLBERRY

ApplicationClassApplicantFiledAdvertisedOpposition
5535656HILLBERRY 31Fresh produce and agriculture Individual applicant (P. R. S.) 19 July 2022 No. 21113 July 2023 closed3 November 2023
5535657HILLBERRY 35Advertising, business and retail Individual applicant (P. R. S.) 19 July 2022 No. 21113 July 2023 closed3 November 2023
5535655HILLBERRY 1Chemicals Individual applicant (P. R. S.) 19 July 2022 No. 20946 March 2023 closed6 July 2023

Goods and services claimed

Class 31: Fresh produce and agriculture · application 5535656

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Maltas.

Use claimed since 01/07/2022 · Mumbai office · full journal entry

Class 35: Advertising, business and retail · application 5535657

Importer, Exporter &Trader of Agricultural products, Fertilizers and Pesticidesas included in class 35.

Use claimed since 01/07/2022 · Mumbai office · full journal entry

Class 1: Chemicals · application 5535655

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry not included in other classes.

Use claimed since 01/07/2022 · Mumbai office · full journal entry

Can I use or register "HILLBERRY"?

For the same or related goods, probably not. In class 1 (chemicals), class 31 (fresh produce and agriculture) 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 5 (pharmaceuticals and health), class 29 (meat, dairy and processed food), class 44 (medical, beauty and agricultural services) and class 9 (electronics and software), 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. "HILLBERRY" 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. We already see 1 similar name in the same class (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 HILLBERRY

Is HILLBERRY a registered trademark?

HILLBERRY has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 3 July 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 HILLBERRY trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to HILLBERRY?

Not for the same or related goods in class 1, class 31, 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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