Is SOFTWARE trademarked in India?

37 applications named SOFTWARE

Goods and services claimed

Can I use or register "SOFTWARE"?

For the same or related goods, probably not. In class 9 (electronics and software), class 11 (lighting, heating and cooling), class 25 (clothing, footwear and headwear), class 35 (advertising, business and retail), class 38 (telecommunications), 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 7 (machines and motors), class 21 (household and kitchenware), class 37 (construction, installation and repair) and class 18 (leather, bags and luggage), 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. "SOFTWARE" appears in 7 classes; the other 38 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 10 similar names in the same classes (below).

Similar names in the journal

• Electronics and Computer Software Export Promotion Councilcontains the name · class 35 (Advertising, business and retail) · Electronics And Computer Software Export…
• ORNASTAR SOFTWARE LLPcontains the name · class 42 (Software, IT and design services) · Ornastar Software LLP
• DHUNI SOFTWARE SOLUTIONScontains the name · class 42 (Software, IT and design services) · Dhuni Software Solutions Private Limited
• AX - LTS (The Lead Tracking Software)contains the name · class 42 (Software, IT and design services) · Achievex Solutions Private Limited
• M&M Softwarecontains the name · class 99 () · Wago Verwaltungsgesellschaft Mbh
• Wittybrains Software Technologiescontains the name · class 42 (Software, IT and design services) · Wittybrains Software Technologies PVT. LTD.
• OLS - One Line Softwarecontains the name · class 42 (Software, IT and design services) · Individual applicant (N. R. K.)
• CLAIM PAYROLL SOFTWARE (CPS)contains the name · class 99 () · Maylasoft LLP
• NEWGEN SOFTWAREcontains the name · class 42 (Software, IT and design services) · Newgen Software Technologies Limited
• MULTIPLE CAD SOFTWARE SERVICE AND SUPPORTcontains the name · class 42 (Software, IT and design services) · Individual applicant (M. S.)
• Sastorm Softwarecontains the name · class 42 (Software, IT and design services) · Sastorm Software Infotech Private Limited
• MATTER SOFTWARES PVT. LTD.contains the name · class 42 (Software, IT and design services) · Matter Softwares Private Limited

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about SOFTWARE

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.