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Is SHIMLA BIRYANI trademarked in India?

4 applications advertised in the Trade Marks Journal · classes 29, 30, 35, 43 · latest 24 June 2024

Yes, "SHIMLA BIRYANI" has been applied for as a trademark in India. 4 applications under this name were advertised in the Trade Marks Journal between 25 September 2023 and 24 June 2024, in class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 35 (advertising, business and retail) and class 43 (food services and accommodation), by Shimla Restaurant PVT. LTD.. The opposition windows have closed.

4 applications named SHIMLA BIRYANI

ApplicationClassApplicantFiledAdvertisedOpposition
5830191SHIMLA BIRYANI 30Staples, spices and confectionery Shimla Restaurant PVT. LTD. 1 March 2023 No. 216224 June 2024 closed24 October 2024
5830190SHIMLA BIRYANI 29Meat, dairy and processed food Shimla Restaurant PVT. LTD. 1 March 2023 No. 21593 June 2024 closed3 October 2024
5830193SHIMLA BIRYANI 43Food services and accommodation Shimla Restaurant PVT. LTD. 1 March 2023 No. 215613 May 2024 closed13 September 2024
5830192SHIMLA BIRYANI 35Advertising, business and retail Shimla Restaurant PVT. LTD. 1 March 2023 No. 212325 September 2023 closed25 January 2024

Goods and services claimed

Class 30: Staples, spices and confectionery · application 5830191

All kinds of ready to eat food, All kinds of instant mix, Coffee & Tea.

Use claimed since 01/04/2009 · Kolkata office · full journal entry

Class 29: Meat, dairy and processed food · application 5830190

Cooked Chicken, Fried Chicken, Frozen Chicken, Fish, Meat, Poultry, Snack Food. Subject to no exclusive right over the mark " SHIMLA " separately & mark will be considered as a whole as substantially shown in combination of words.. THIS IS SUBJECT TO ASSOCIATION WITH REGISTERED/PENDING REGISTRATION NO..5830192 & 5830193.

Use claimed since 01/04/2009 · Kolkata office · full journal entry

Class 43: Food services and accommodation · application 5830193

Providing of services relating to Restaurants, Open Air Restaurants, Hotel, Motels, Inns and Providing Food and Drink, Cooked Food and all sorts of food prepared and served in a Restaurant and Hotel, Catering Services.

Use claimed since 01/04/2009 · Kolkata office · full journal entry

Class 35: Advertising, business and retail · application 5830192

Advertising for business promotions, Sales promotion, Distribution, Marketing, Business Management, Administration, Office function, Retailing, Franchising relating to Hotel & Restaurant and providing food and drink, Cafes, Snack-bars, Coffee bars, Ice cream, Parlour, Cafeterias, Banquet and Catering services.

Use claimed since 01/04/2009 · Kolkata office · full journal entry

Can I use or register "SHIMLA BIRYANI"?

For the same or related goods, probably not. In class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 35 (advertising, business and retail) 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 31 (fresh produce and agriculture), class 32 (beverages, non-alcoholic), 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. "SHIMLA BIRYANI" appears in 4 classes; the other 41 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 12 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 SHIMLA BIRYANI

Is SHIMLA BIRYANI a registered trademark?

SHIMLA BIRYANI has been applied for and advertised in the Trade Marks Journal (4 applications, latest on 24 June 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 SHIMLA BIRYANI trademark?

As advertised: Shimla Restaurant PVT. LTD..

Can I register a trademark similar to SHIMLA BIRYANI?

Not for the same or related goods in class 29, class 30, class 35, 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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