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Is SoftClay trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 41, 42 · latest 25 April 2022

Yes, "SoftClay" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 18 April 2022 and 25 April 2022, in class 41 (education and entertainment) and class 42 (software, it and design services), by Softclay Technology Private Limited. The opposition windows have closed.

2 applications named SoftClay

ApplicationClassApplicantFiledAdvertisedOpposition
5203056SoftClay 42Software, IT and design services Softclay Technology Private Limited 9 November 2021 No. 204925 April 2022 closed25 August 2022
5203038SoftClay 41Education and entertainment Softclay Technology Private Limited 9 November 2021 No. 204818 April 2022 closed18 August 2022

Can I use or register "SoftClay"?

For the same or related goods, probably not. In class 41 (education and entertainment) and class 42 (software, it and design services), 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 16 (paper, printing and stationery), class 38 (telecommunications) and class 35 (advertising, business and retail), 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. "SoftClay" 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 1 similar name in the same class (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 SoftClay

Is SoftClay a registered trademark?

SoftClay has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 25 April 2022). 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 SoftClay trademark?

As advertised: Softclay Technology Private Limited.

Can I register a trademark similar to SoftClay?

Not for the same or related goods in class 41, class 42: 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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