3 applications named The EarthWorks
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5676776The EarthWorks | 21Household and kitchenware | Boiling Point Communications Private Limited | 10 November 2022 | No. 215215 April 2024 | closed15 August 2024 |
| 4796689The EarthWorks | 25Clothing, footwear and headwear | Boiling Point Communications Private Limited | 28 December 2020 | No. 206225 July 2022 | closed25 November 2022 |
| 4796690The EarthWorks | 27Carpets and floor coverings | Boiling Point Communications Private Limited | 28 December 2020 | No. 206225 July 2022 | closed25 November 2022 |
Goods and services claimed
Class 21: Household and kitchenware · application 5676776
Household or kitchen utensils and containers; Cookware and tableware, except forks, knives and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Unworked or semi- worked glass, except building glass; Glassware, porcelain and earthenware
Use claimed since 28/12/2020 · Mumbai office · full journal entry
Class 25: Clothing, footwear and headwear · application 4796689
Clothing, footwear, headwear
Proposed to be used · Mumbai office · full journal entry
Class 27: Carpets and floor coverings · application 4796690
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile;Wallpapers;Floor coverings and artificial ground coverings;Wall and ceiling coverings;Yoga mats;Mural hangings [non-textile]
Proposed to be used · Mumbai office · full journal entry
Can I use or register "The EarthWorks"?
For the same or related goods, probably not. In class 21 (household and kitchenware), class 25 (clothing, footwear and headwear) and class 27 (carpets and floor coverings), 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 8 (hand tools), class 11 (lighting, heating and cooling), class 7 (machines and motors) 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. "The EarthWorks" 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. We already see 2 similar names in the same classes (below).
Similar names in the journal
- EARTHWORKS logocontains the name · class 21 (Household and kitchenware) · Boiling Point Communications Private Limited
- The Earth Storesimilar spelling · class 3 (Cosmetics and cleaning) · The Earth Store
- MEMORIES OF THE EARTHsimilar spelling · class 3 (Cosmetics and cleaning) · Proprietor of Memories Of The Earth
- THE EARTHY THREADSsimilar spelling · class 24 (Textiles and fabrics) · The Woodenstreet Furnitures Private Limited
- THE EARTHBERRYsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (N. T.)
- The Earthencraftsimilar spelling · class 21 (Household and kitchenware) · Individual applicant (D. A.)
- THE EARTH AFFAIRsimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (E. G. D.)
- THE EARTHEN SHOPsimilar spelling · class 3 (Cosmetics and cleaning) · Proprietor of - M/S P.R. Enterprises
- NIPUNA: THE EARTH BAGSsimilar spelling · class 39 (Transport, logistics and travel) · Proprietor of Nh9 Visionary & Initiative Corp
- THE EARTH SOCIETYsimilar spelling · class 3 (Cosmetics and cleaning) · Emami Limited
- Kiss the Earthsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (L. N.)
- THE EARTH PEOPLEsimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (S. S. D.)
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 EarthWorks
Is The EarthWorks a registered trademark?
The EarthWorks has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 15 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 EarthWorks trademark?
As advertised: Boiling Point Communications Private Limited.
Can I register a trademark similar to The EarthWorks?
Not for the same or related goods in class 21, class 25, class 27: 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.