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Is RISING STAR trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 15, 41, 43 · latest 22 July 2024

Yes, "RISING STAR" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 3 July 2023 and 22 July 2024, in class 15 (musical instruments), class 41 (education and entertainment) and class 43 (food services and accommodation), by Proprietor of Rising Star and 2 individual applicants. Of these, 2 are logos whose text we read as "RISING STAR". The opposition windows have closed.

3 applications named RISING STAR

ApplicationClassApplicantFiledAdvertisedOpposition
5955566logo mark 15Musical instruments Proprietor of Rising Star 27 May 2023 No. 216622 July 2024 closed22 November 2024
5739609logo mark 41Education and entertainment Individual applicant (Z. H. M.) 27 December 2022 No. 215429 April 2024 closed29 August 2024
4565332RISING STAR 43Food services and accommodation Individual applicant (M. M. S.) 9 July 2020 No. 21113 July 2023 closed3 November 2023

Goods and services claimed

Class 15: Musical instruments · application 5955566

Musical instruments.

Proposed to be used · Ahmedabad office · full journal entry

Class 41: Education and entertainment · application 5739609

Arranging and conducting award ceremonies, Arranging of award ceremonies to recognise achievement, And Arranging of award ceremonies to recognise bravery and entertainment as covered under class 41.

Proposed to be used · Mumbai office · full journal entry

Class 43: Food services and accommodation · application 4565332

Fast food restaurants,Take-away fast food services,Restaurant services for the provision of fast food,Food preparation,Providing food and drink. The use of the mark is restricted to the States of Haryana and Delhi only..

Use claimed since 01/04/2017 · Delhi office · full journal entry

Can I use or register "RISING STAR"?

For the same or related goods, probably not. In class 15 (musical instruments), class 41 (education and entertainment) and class 43 (food services and accommodation), 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 9 (electronics and software), class 35 (advertising, business and retail), class 16 (paper, printing and stationery) and class 38 (telecommunications), 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. "RISING STAR" appears in 3 classes; the other 42 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 3 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 RISING STAR

Is RISING STAR a registered trademark?

RISING STAR has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 22 July 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 RISING STAR trademark?

As advertised: Proprietor of Rising Star; plus 2 individual applicants.

Can I register a trademark similar to RISING STAR?

Not for the same or related goods in class 15, class 41, class 43: 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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