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Is THE BACKBENCHER trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 18, 35 · latest 29 April 2024

Yes, "THE BACKBENCHER" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 October 2022 and 29 April 2024, in class 18 (leather, bags and luggage) and class 35 (advertising, business and retail), by Crazy Engineers. The opposition windows have closed.

2 applications named THE BACKBENCHER

ApplicationClassApplicantFiledAdvertisedOpposition
5699644THE BACKBENCHER 35Advertising, business and retail Crazy Engineers 26 November 2022 No. 215429 April 2024 closed29 August 2024
5307592THE BACKBENCHER 18Leather, bags and luggage Crazy Engineers 31 January 2022 No. 207524 October 2022 closed24 February 2023

Goods and services claimed

Class 35: Advertising, business and retail · application 5699644

E-COMMERCE, BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; OFFICE FUNCTIONS, ADVERTISING, MARKETING, RETAIL & WHOLESALE DISTRIBUTION OF BAGS, WALLETS, BACKPACKS, LUGGAGE TRUNKS, TRAVELING TRUNKS & TRAVELLING BAGS.

Use claimed since 17/12/2016 · Delhi office · full journal entry

Class 18: Leather, bags and luggage · application 5307592

Bags, Wallets, Backpacks, Luggage trunks, Traveling trunks, Travelling bags, Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery; Collars, leashes and clothing for animals.

Use claimed since 17/12/2016 · Delhi office · full journal entry

Can I use or register "THE BACKBENCHER"?

For the same or related goods, probably not. In class 18 (leather, bags and luggage) 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 25 (clothing, footwear and headwear), class 14 (jewellery and watches), 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. "THE BACKBENCHER" 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 4 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 THE BACKBENCHER

Is THE BACKBENCHER a registered trademark?

THE BACKBENCHER has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 29 April 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 THE BACKBENCHER trademark?

As advertised: Crazy Engineers.

Can I register a trademark similar to THE BACKBENCHER?

Not for the same or related goods in class 18, 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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