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Is HUMMING BIRD trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 10, 25, 28 · latest 22 April 2024

Yes, "HUMMING BIRD" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 24 July 2023 and 22 April 2024, in class 10 (medical devices), class 25 (clothing, footwear and headwear) and class 28 (toys, games and sports), by Bitsport PVT. LTD. and Aurolab Trust. The opposition windows have closed.

3 applications named HUMMING BIRD

ApplicationClassApplicantFiledAdvertisedOpposition
5738825HUMMING BIRD 28Toys, games and sports Bitsport PVT. LTD. 26 December 2022 No. 215322 April 2024 closed22 August 2024
5039687HUMMING BIRD 10Medical devices Aurolab Trust 10 July 2021 No. 21464 March 2024 closed4 July 2024
5738824HUMMING BIRD 25Clothing, footwear and headwear Bitsport PVT. LTD. 26 December 2022 No. 211424 July 2023 closed24 November 2023

Goods and services claimed

Class 28: Toys, games and sports · application 5738825

Class 28- Gymnastics and sporting articles; Sports equipment; Balls for games; Gloves for games; Sports bats; Sports games; Sports Rackets; Nets for sports; Rings for sports; Sporting racquets; Sporting apparatus; Discuses for sports; Face masks for sports; Toy sporting apparatus; Balls for racket sports; Corner flags for sports; Sled (sports articles); Balls for playing sports

Proposed to be used · Chennai office · full journal entry

Class 10: Medical devices · application 5039687

SURGICAL AND MEDICAL APPARATUS AND INSTRUMENTS

Use claimed since 01/02/2017 · Chennai office · full journal entry

Class 25: Clothing, footwear and headwear · application 5738824

Class 25- Sportswear; Sports clothing; Clothing for sport; Sport coats; Sport shirt; Sport socks; Sports vests; Sports uniform; Sports shoes; Sports jackets; Sports footwear; Sports jerseys; Boots for sports; Articles of sports clothing; Special clothing for sports; Bags for sports shoes; Gym wear; Gymnastic clothing; Gymnastic shoes

Proposed to be used · Chennai office · full journal entry

Can I use or register "HUMMING BIRD"?

For the same or related goods, probably not. In class 10 (medical devices), class 25 (clothing, footwear and headwear) and class 28 (toys, games and sports), 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 9 (electronics and software) 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. "HUMMING BIRD" 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 3 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 HUMMING BIRD

Is HUMMING BIRD a registered trademark?

HUMMING BIRD has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 22 April 2024). 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 HUMMING BIRD trademark?

As advertised: Bitsport PVT. LTD.; Aurolab Trust.

Can I register a trademark similar to HUMMING BIRD?

Not for the same or related goods in class 10, class 25, class 28: 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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