1 application named HYPER TOUGH
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 4410268HYPER TOUGH | 6Metal goods | Walmart Apollo, Llc | 16 January 2020 | No. 21038 May 2023 | closed8 September 2023 |
Goods and services claimed
Class 6: Metal goods · application 4410268
Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes; Metal hooks; metal screws; metal eyes; Screw rings of metal; Metal cup hooks; metal fasteners; nails; Metal fastening anchors; metal shelf brackets; rope chains, made of…
Proposed to be used · Delhi office · full journal entry
Can I use or register "HYPER TOUGH"?
For the same or related goods, probably not. In class 6 (metal goods), 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. "HYPER TOUGH" appears in 1 class; the other 44 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.
Similar names in the journal
- SUPER TOUGHsimilar spelling · class 8 (Hand tools) · Individual applicant (R. A.)
- Tough Headwearsimilar spelling · class 25 (Clothing, footwear and headwear) · Individual applicant (H. S.)
- HYPER-THYsimilar spelling · class 5 (Pharmaceuticals and health) · M.D. Homoeo Lab Private Limited
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about HYPER TOUGH
Is HYPER TOUGH a registered trademark?
HYPER TOUGH has been applied for and advertised in the Trade Marks Journal (1 application, latest on 8 May 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 HYPER TOUGH trademark?
As advertised: Walmart Apollo, Llc.
Can I register a trademark similar to HYPER TOUGH?
Not for the same or related goods in class 6: 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.