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Is SOMBRERO trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 16, 25, 35 · latest 17 July 2023

Yes, "SOMBRERO" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 20 February 2023 and 17 July 2023, in class 16 (paper, printing and stationery), class 25 (clothing, footwear and headwear) and class 35 (advertising, business and retail), by Sai Amrit Infra-Services Private Limited and Preach Hosiery. Of these, 1 is a logo whose text we read as "SOMBRERO". The opposition windows have closed.

3 applications named SOMBRERO

ApplicationClassApplicantFiledAdvertisedOpposition
5593989SOMBRERO 35Advertising, business and retail Sai Amrit Infra-Services Private Limited 2 September 2022 No. 211317 July 2023 closed17 November 2023
5593652logo mark 25Clothing, footwear and headwear Preach Hosiery 2 September 2022 No. 209910 April 2023 closed10 August 2023
5583043SOMBRERO 16Paper, printing and stationery Sai Amrit Infra-Services Private Limited 25 August 2022 No. 209220 February 2023 closed20 June 2023

Goods and services claimed

Class 35: Advertising, business and retail · application 5593989

Advertising; business management; business administration; office functions.

Proposed to be used · Ahmedabad office · full journal entry

Class 25: Clothing, footwear and headwear · application 5593652

READYMDE CLOTHING, HOSIERY, GARMENTS, FOOTWARE AND HEADWEAR INCLUDED IN CLASS 25

Use claimed since 08/02/2022 · Delhi office · full journal entry

Class 16: Paper, printing and stationery · application 5583043

Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks.

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "SOMBRERO"?

For the same or related goods, probably not. In class 16 (paper, printing and stationery), class 25 (clothing, footwear and headwear) and class 35 (advertising, business and retail), 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 41 (education and entertainment), class 9 (electronics and software), class 42 (software, it and design services) 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. "SOMBRERO" 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.

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Questions about SOMBRERO

Is SOMBRERO a registered trademark?

SOMBRERO has been applied for and advertised in the Trade Marks Journal (3 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 SOMBRERO trademark?

As advertised: Sai Amrit Infra-Services Private Limited; Preach Hosiery.

Can I register a trademark similar to SOMBRERO?

Not for the same or related goods in class 16, class 25, class 35: 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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