Is NEVER trademarked in India?

38 applications named NEVER

Goods and services claimed

Can I use or register "NEVER"?

For the same or related goods, probably not. In class 1 (chemicals), class 7 (machines and motors), class 9 (electronics and software), class 10 (medical devices), class 11 (lighting, heating and cooling), class 12 (vehicles), class 16 (paper, printing and stationery), class 20 (furniture), class 25 (clothing, footwear and headwear), class 28 (toys, games and sports), class 30 (staples, spices and confectionery), class 32 (beverages, non-alcoholic), class 35 (advertising, business and retail), class 39 (transport, logistics and travel), class 41 (education and entertainment), class 43 (food services and accommodation) and class 45 (legal, security and personal services), 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 31 (fresh produce and agriculture), class 8 (hand tools) 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. "NEVER" appears in 17 classes; the other 28 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 11 similar names in the same classes (below).

Similar names in the journal

• Never retire from lifecontains the name · class 43 (Food services and accommodation) · Season Two
• NEVERSOBERcontains the name · class 35 (Advertising, business and retail) · Soham + Riz
• CineVerdecontains the name · class 9 (Electronics and software) · The Actors' Studio Entertainment And Services
• BLUORNG SAID "ROMANCE NEVER DIES"contains the name · class 25 (Clothing, footwear and headwear) · Bluorng Retail Private Limited
• NeverSpascontains the name · class 5 (Pharmaceuticals and health) · Individual applicant (V. M. P.)
• Neverdyingcontains the name · class 16 (Paper, printing and stationery) · Individual applicant (M. K.)
• NEVER ENDING PASSION FOR QUALITYcontains the name · class 35 (Advertising, business and retail) · Walstan Benezet Life Sciences Private Limited
• QUALITY IS NEVER BY CHANCEcontains the name · class 1 (Chemicals) · Indo Organics Private Limited
• JOURNEY NEVER ENDScontains the name · class 12 (Vehicles) · Bbros Mobility PVT. LTD.
• UNICUB ; never loose the kid in youcontains the name · class 28 (Toys, games and sports) · Individual applicant (S. S.)
• NEVERTHELESScontains the name · class 25 (Clothing, footwear and headwear) · Individual applicant (S. S.)
• NEVER SURRENDERcontains the name · class 25 (Clothing, footwear and headwear) · Fashion First

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about NEVER

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.