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Is OVERTAKE trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 18, 35 · latest 9 September 2024

Yes, "OVERTAKE" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 20 September 2021 and 9 September 2024, in class 18 (leather, bags and luggage) and class 35 (advertising, business and retail), by 2 individual applicants. The opposition windows have closed.

2 applications named OVERTAKE

ApplicationClassApplicantFiledAdvertisedOpposition
6090111OVERTAKE 35Advertising, business and retail Individual applicant (A. N.) 31 August 2023 No. 21739 September 2024 closed9 January 2025
4361263OVERTAKE 18Leather, bags and luggage Individual applicant (M. M. G.) 28 November 2019 No. 201820 September 2021 closed20 January 2022

Goods and services claimed

Class 35: Advertising, business and retail · application 6090111

Retail or wholesale services for pre owned cars.

Proposed to be used · Chennai office · full journal entry

Class 18: Leather, bags and luggage · application 4361263

LEATHER BELTS, LEATHER WALLETS, LEATHER AND IMITATIONS OF LEATHER, AND GOODS MADE OF THESE MATERIALS AND NOT INCLUDED IN OTHER CLASSES; ANIMAL SKINS, HIDES; TRUNKS AND TRAVELING BAGS; UMBRELLAS, PARASOLS AND WALKING STICKS; WHIPS, HARNESS AND SADDLERY, BELTS, PURSE, WALLETS, BAGS, BRIEFCASES, VANITY CASES, TRAVELLING BAGS, ATTACHES, LEATHER HIDES & SKINS, FANCY BAGS, LADIES PURSE, COLLEGE BAGS, SCHOOLS BAGS…

Proposed to be used · Mumbai office · full journal entry

Can I use or register "OVERTAKE"?

For the same or related goods, probably not. In class 18 (leather, bags and luggage) 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 25 (clothing, footwear and headwear), class 14 (jewellery and watches), 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. "OVERTAKE" 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 2 similar names in the same classes (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 OVERTAKE

Is OVERTAKE a registered trademark?

OVERTAKE has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 9 September 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 OVERTAKE trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to OVERTAKE?

Not for the same or related goods in class 18, 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.

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