2 applications named Modi Gems
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 4881473Modi Gems | 14Jewellery and watches | Proprietor of Modi Pearls | 26 February 2021 | No. 204711 April 2022 | closed11 August 2022 |
| 4880337Modi Gems | 35Advertising, business and retail | Proprietor of Modi Pearls | 25 February 2021 | No. 20464 April 2022 | closed4 August 2022 |
Goods and services claimed
Class 14: Jewellery and watches · application 4881473
PEARLS, PRECIOUS GEMS JEWELLERY, IMITATION JEWELLERY Subject to use the mark as a whole as shown on the form of representation.
Proposed to be used · Chennai office · full journal entry
Class 35: Advertising, business and retail · application 4880337
ADVERTISING; BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; OFFICE FUNCTIONS, DISTRIBUTION, MARKETING, WHOLESALE, RETAIL, ONLINE, OFFLINE TRADING OF PEARLS, PRECIOUS GEMS JEWELLERY, IMITATION JEWELLERY
Proposed to be used · Chennai office · full journal entry
Can I use or register "Modi Gems"?
For the same or related goods, probably not. In class 14 (jewellery and watches) 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 40 (treatment of materials and manufacturing), class 26 (lace, buttons and accessories), class 9 (electronics and software) and class 42 (software, it and design services), 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. "Modi Gems" appears in 2 classes; the other 43 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).
Similar names in the journal
- MODI GOLDsimilar spelling · class 17 (Rubber and insulating materials) · Proprietor of Modi Enterprises
- MODI GUARDsimilar spelling · class 19 (Building materials) · Anurag Decoratives
- Modi Groupsimilar spelling · class 42 (Software, IT and design services) · Modi Fitness PVT. LTD.
- Modi Gaurdsimilar spelling · class 19 (Building materials) · Individual applicant (A. K. S.)
- GEMS MINERALsimilar spelling · class 14 (Jewellery and watches) · Individual applicant (M. A.)
- MOM & GEMSsimilar spelling · class 25 (Clothing, footwear and headwear) · Tudos Clothing Company
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about Modi Gems
Is Modi Gems a registered trademark?
Modi Gems has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 11 April 2022). 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 Modi Gems trademark?
As advertised: Proprietor of Modi Pearls.
Can I register a trademark similar to Modi Gems?
Not for the same or related goods in class 14, 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.