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Is THEFLYINGTREE trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 6, 25 · latest 1 May 2023

Yes, "THEFLYINGTREE" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 April 2023 and 1 May 2023, in class 6 (metal goods) and class 25 (clothing, footwear and headwear), by Proprietor of Giggle And Bytes. The opposition windows have closed.

2 applications named THEFLYINGTREE

ApplicationClassApplicantFiledAdvertisedOpposition
5641012THEFLYINGTREE 25Clothing, footwear and headwear Proprietor of Giggle And Bytes 9 October 2022 No. 21021 May 2023 closed1 September 2023
5645655THEFLYINGTREE 6Metal goods Proprietor of Giggle And Bytes 13 October 2022 No. 210124 April 2023 closed24 August 2023

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 5641012

Shirts; Shirt-jacs; Athletic shirts; Volleyball shirts; Fleece shirts; Baby shirts; Sleeveless shirts; Denim shirts; Leather shirts; Tee shirts; Knitted shirts; Cycling shirts; Baseball shirts; Religious garments; Sports garments; Leather garments; Sleeping garments; Under garments; Corsets [foundation garments]; Body linen [garments]; Ghagra Choli (Readymade Garments); One-piece garments for children; Salwar Kurta…

Proposed to be used · Delhi office · full journal entry

Class 6: Metal goods · application 5645655

Statues of common metal of religious icons; Statues of non-precious metal of religious icons; Religious statues of common metal; Statues of common metal; Statues made of bronze; Statues of non-precious metal; Statues of common metal alloys; Statues of non-precious metal of Buddha; Statues and works of art of common metals; Statues, busts and works of art of common metal; Bronzes [works of art]; Works of art of…

Proposed to be used · Delhi office · full journal entry

Can I use or register "THEFLYINGTREE"?

For the same or related goods, probably not. In class 6 (metal goods) and class 25 (clothing, footwear and headwear), 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 19 (building materials), class 20 (furniture), class 7 (machines and motors) and class 37 (construction, installation and repair), 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. "THEFLYINGTREE" 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.

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Questions about THEFLYINGTREE

Is THEFLYINGTREE a registered trademark?

THEFLYINGTREE has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 1 May 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 THEFLYINGTREE trademark?

As advertised: Proprietor of Giggle And Bytes.

Can I register a trademark similar to THEFLYINGTREE?

Not for the same or related goods in class 6, class 25: 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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