2 applications named SOFTBERRY
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5580398SOFTBERRY | 30Staples, spices and confectionery | Proprietor of Softberry | 24 August 2022 | No. 211317 July 2023 | closed17 November 2023 |
| 5390856SOFTBERRY | 25Clothing, footwear and headwear | Individual applicant (A. K.) | 30 March 2022 | No. 20556 June 2022 | closed6 October 2022 |
Goods and services claimed
Class 30: Staples, spices and confectionery · application 5580398
frozen yogurts and sorbets
Use claimed since 28/12/2021 · Ahmedabad office · full journal entry
Class 25: Clothing, footwear and headwear · application 5390856
Clothing, Footwear, Headgear
Proposed to be used · Delhi office · full journal entry
Can I use or register "SOFTBERRY"?
For the same or related goods, probably not. In class 25 (clothing, footwear and headwear) and class 30 (staples, spices and confectionery), 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. "SOFTBERRY" 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.
Questions about SOFTBERRY
Is SOFTBERRY a registered trademark?
SOFTBERRY has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 17 July 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 SOFTBERRY trademark?
As advertised: Proprietor of Softberry; plus 1 individual applicant.
Can I register a trademark similar to SOFTBERRY?
Not for the same or related goods in class 25, class 30: 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.