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Is PAILWAN trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 12, 35 · latest 20 September 2021

Yes, "PAILWAN" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 16 August 2021 and 20 September 2021, in class 12 (vehicles) and class 35 (advertising, business and retail), by Ragster Industries Private Limited. The opposition windows have closed.

2 applications named PAILWAN

ApplicationClassApplicantFiledAdvertisedOpposition
5104546PAILWAN 35Advertising, business and retail Ragster Industries Private Limited 26 August 2021 No. 201820 September 2021 closed20 January 2022
5055550PAILWAN 12Vehicles Ragster Industries Private Limited 22 July 2021 No. 201316 August 2021 closed16 December 2021

Goods and services claimed

Class 35: Advertising, business and retail · application 5104546

Advertising, Business Administration & Management Activities, Online Marketing, Retailing, through primary website and e-commerce platforms for Electric vehicles; Electric motors for land vehicles and engines; Light electric vehicles; Electric land vehicles; Electrically powered vehicles;Electrically operated vehicles; Electrically powered land vehicles.

Proposed to be used · Chennai office · full journal entry

Class 12: Vehicles · application 5055550

Electric vehicles; Electric motors for land vehicles and engines; Light electric vehicles; Electric land vehicles; Electrically powered vehicles; Electrically operated vehicles; Electrically powered land vehicles.

Proposed to be used · Chennai office · full journal entry

Can I use or register "PAILWAN"?

For the same or related goods, probably not. In class 12 (vehicles) 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 37 (construction, installation and repair), class 9 (electronics and software), class 4 (fuels, oils and candles) 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. "PAILWAN" 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.

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Questions about PAILWAN

Is PAILWAN a registered trademark?

PAILWAN has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 20 September 2021). 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 PAILWAN trademark?

As advertised: Ragster Industries Private Limited.

Can I register a trademark similar to PAILWAN?

Not for the same or related goods in class 12, 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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