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Is Kind Nicecream trademarked in India?

1 application advertised in the Trade Marks Journal · class 43 · latest 29 January 2024

Yes, "Kind Nicecream" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 29 January 2024, in class 43 (food services and accommodation), by Qsr Brands India Private Limited. The opposition window has closed.

1 application named Kind Nicecream

ApplicationClassApplicantFiledAdvertisedOpposition
5197053Kind Nicecream 43Food services and accommodation Qsr Brands India Private Limited 1 November 2021 No. 214129 January 2024 closed29 May 2024

Goods and services claimed

Class 43: Food services and accommodation · application 5197053

RESTAURANT AND BAR; HOTELS; HOOKAH BAR SERVICE; CAFES; CAFETERIAS; SNACK BARS; SELF SERVICE RESTAURANTS; RENTAL OR RESERVATION OF TEMPORARY ACCOMMODATION; CATERING SERVICES, FOOD AND DRINK SERVICES ; ICE CREAM PARLORS ALL INCLUDED IN CLASS 43. MARK SHALL BE USED AS A WHOLE AS SUBSTANTIALLY REPRESENTED IN THE LABEL AND THERE SHALL BE NO RIGHT GIVEN TO THE EXCLUSIVE USE OF THE WORD "Kind".

Proposed to be used · Mumbai office · full journal entry

Can I use or register "Kind Nicecream"?

For the same or related goods, probably not. In class 43 (food services and accommodation), 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 30 (staples, spices and confectionery), class 35 (advertising, business and retail), class 39 (transport, logistics and travel) and class 41 (education and entertainment), 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. "Kind Nicecream" 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.

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Questions about Kind Nicecream

Is Kind Nicecream a registered trademark?

Kind Nicecream has been applied for and advertised in the Trade Marks Journal (1 application, latest on 29 January 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 Kind Nicecream trademark?

As advertised: Qsr Brands India Private Limited.

Can I register a trademark similar to Kind Nicecream?

Not for the same or related goods in class 43: 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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