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Is OFF BEAT trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 25, 41 · latest 12 June 2023

Yes, "OFF BEAT" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 4 July 2022 and 12 June 2023, in class 25 (clothing, footwear and headwear) and class 41 (education and entertainment), by Proprietor of Offbeat Productions and an individual applicant. Of these, 1 is a logo whose text we read as "OFF BEAT". The opposition windows have closed.

2 applications named OFF BEAT

ApplicationClassApplicantFiledAdvertisedOpposition
4524449logo mark 41Education and entertainment Proprietor of Offbeat Productions 9 June 2020 No. 210812 June 2023 closed12 October 2023
5410986OFF BEAT 25Clothing, footwear and headwear Individual applicant (S. A.) 15 April 2022 No. 20594 July 2022 closed4 November 2022

Goods and services claimed

Class 41: Education and entertainment · application 4524449

MUSICAL ENTERTAINMENT SERVICES, AUDIO, VIDEO AND MULTIMEDIA PRODUCTION AND PHOTOGRAPHY, AUDIO & VIDEO RECORDING SERVICES, MUSIC PUBLISHING AND MUSIC RECORDING SERVICES. The mark must be used as a whole..

Proposed to be used · Delhi office · full journal entry

Class 25: Clothing, footwear and headwear · application 5410986

READYMADE GARMENTS,HOSIERY ITEMS,UNDER GARMENTS,FOOT WEAR, IN CLASS-25

Proposed to be used · Delhi office · full journal entry

Can I use or register "OFF BEAT"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear) 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 35 (advertising, business and retail), class 18 (leather, bags and luggage), class 24 (textiles and fabrics) and class 14 (jewellery and watches), 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. "OFF BEAT" 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).

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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 OFF BEAT

Is OFF BEAT a registered trademark?

OFF BEAT has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 12 June 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 OFF BEAT trademark?

As advertised: Proprietor of Offbeat Productions; plus 1 individual applicant.

Can I register a trademark similar to OFF BEAT?

Not for the same or related goods in class 25, 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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