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Is HYPERION AVENUE trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 9, 16, 41 · latest 6 December 2021

Yes, "HYPERION AVENUE" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 13 September 2021 and 6 December 2021, in class 9 (electronics and software), class 16 (paper, printing and stationery) and class 41 (education and entertainment), by Disney Enterprises, INC.. The opposition windows have closed.

3 applications named HYPERION AVENUE

ApplicationClassApplicantFiledAdvertisedOpposition
5086352HYPERION AVENUE 9Electronics and software Disney Enterprises, INC. 12 August 2021 No. 20296 December 2021 closed6 April 2022
5086353HYPERION AVENUE 16Paper, printing and stationery Disney Enterprises, INC. 12 August 2021 No. 20296 December 2021 closed6 April 2022
5086354HYPERION AVENUE 41Education and entertainment Disney Enterprises, INC. 12 August 2021 No. 201713 September 2021 closed13 January 2022

Goods and services claimed

Class 9: Electronics and software · application 5086352

Downloadable non-fiction and fiction electronic books and audio books on a variety of topics.

Proposed to be used · Delhi office · full journal entry

Class 16: Paper, printing and stationery · application 5086353

Fiction and non-fiction books featuring a wide variety of topics.

Proposed to be used · Delhi office · full journal entry

Class 41: Education and entertainment · application 5086354

Publishing services, namely, publication of books, e-books, and electronic publications of literary works; providing publishing information pertaining to books, e-books, and literary works, by means of a global computer network.

Proposed to be used · Delhi office · full journal entry

Can I use or register "HYPERION AVENUE"?

For the same or related goods, probably not. In class 9 (electronics and software), class 16 (paper, printing and stationery) and class 41 (education and entertainment), 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 42 (software, it and design services), class 38 (telecommunications) 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. "HYPERION AVENUE" 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 HYPERION AVENUE

Is HYPERION AVENUE a registered trademark?

HYPERION AVENUE has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 6 December 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 HYPERION AVENUE trademark?

As advertised: Disney Enterprises, INC..

Can I register a trademark similar to HYPERION AVENUE?

Not for the same or related goods in class 9, class 16, class 41: 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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