Is THE GEM STORE Trademarked? India, Class 14, 35

Yes, "THE GEM STORE" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 July 2023 and 27 November 2023, in class 14 (jewellery and watches) and class 35 (advertising, business and retail), by 2 individual applicants. Of these, 1 is a logo whose text we read as "THE GEM STORE". The opposition windows have closed.

2 applications named THE GEM STORE

Application	Class	Applicant	Filed	Advertised	Opposition
5946500logo mark	35Advertising, business and retail	Individual applicant (M. S. I.)	22 May 2023	No. 213227 November 2023	closed27 March 2024
5662398THE GEM STORE	14Jewellery and watches	Individual applicant (M. S. I.)	28 October 2022	No. 211424 July 2023	closed24 November 2023

Goods and services claimed

Class 35: Advertising, business and retail · application 5946500

Advertising, business management, business administration, office functions. - THIS IS CONDITION OF REGISTRATION THAT BOTH/ALL LABELS SHALL BE USED TOGETHER.

Proposed to be used · Chennai office · full journal entry

Class 14: Jewellery and watches · application 5662398

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments

Proposed to be used · Chennai office · full journal entry

Can I use or register "THE GEM STORE"?

For the same or related goods, probably not. In class 14 (jewellery and watches) 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 40 (treatment of materials and manufacturing), class 26 (lace, buttons and accessories), 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 GEM STORE" 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 2 similar names in the same classes (below).

Is THE GEM STORE your brand? Watch it freeWe read every weekly journal issue, logos included, and email you when a similar name is advertised, while you can still oppose it. Ask a Trademark AttorneyDoes this name affect your brand? Ask on WhatsApp. The first answer is free. Which class is mine?Describe your business and get the classes to file in, with the traps for your trade.

Similar names in the journal

TSFU-the store for yousimilar spelling · class 21 (Household and kitchenware) · Individual applicant (S. S.)
EDEN THE STOREsimilar spelling · class 29 (Meat, dairy and processed food) · K.C. Exim Private Limited
KIOSQ, THE STOREsimilar spelling · class 39 (Transport, logistics and travel) · Individual applicant (G. T.)
The StoreZensimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (A.)
STOIRE - THE STORY CAFEsimilar spelling · class 43 (Food services and accommodation) · Individual applicant (S.)
THE STOREY TELLERSsimilar spelling · class 42 (Software, IT and design services) · Individual applicant (L. V.)
the storeotypesimilar spelling · class 99 () · Crazyminds Software Solutions Private Limited
THE 13 STOREsimilar spelling · class 40 (Treatment of materials and manufacturing) · The 13 Store
The SFS storesimilar spelling · class 16 (Paper, printing and stationery) · The Sfs Store
B:LIVE THE EV STOREsimilar spelling · class 35 (Advertising, business and retail) · Arcis Clean Energy PVT. LTD.
TGS The Green Storesimilar spelling · class 5 (Pharmaceuticals and health) · Sirumalai Herbalcare Private Limited
The Story Watchsimilar spelling · class 38 (Telecommunications) · Individual applicant (P. 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 GEM STORE

Is THE GEM STORE a registered trademark?

THE GEM STORE has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 27 November 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 THE GEM STORE trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to THE GEM STORE?

Not for the same or related goods in class 14, 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.

Is THE GEM STORE trademarked in India?