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Is TOMMY HYNESS trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 32, 33 · latest 29 May 2023

Yes, "TOMMY HYNESS" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 12 December 2022 and 29 May 2023, in class 32 (beverages, non-alcoholic) and class 33 (alcoholic beverages), by Sovereign Beverage India Private Limited. The opposition windows have closed.

2 applications named TOMMY HYNESS

ApplicationClassApplicantFiledAdvertisedOpposition
5696232TOMMY HYNESS 32Beverages, non-alcoholic Sovereign Beverage India Private Limited 24 November 2022 No. 210629 May 2023 closed29 September 2023
5696233TOMMY HYNESS 33Alcoholic beverages Sovereign Beverage India Private Limited 24 November 2022 No. 208212 December 2022 closed12 April 2023

Goods and services claimed

Class 32: Beverages, non-alcoholic · application 5696232

BEERS; NON-ALCOHOLIC BEVERAGES; MINERAL AND AERATED WATERS; FRUIT BEVERAGES AND FRUIT JUICES; SYRUPS AND OTHER NON-ALCOHOLIC PREPARATIONS FOR MAKING BEVERAGES.

Proposed to be used · Chennai office · full journal entry

Class 33: Alcoholic beverages · application 5696233

ALCOHOLIC BEVERAGES, EXCEPT BEERS; ALCOHOLIC PREPARATIONS FOR MAKING BEVERAGES

Proposed to be used · Chennai office · full journal entry

Can I use or register "TOMMY HYNESS"?

For the same or related goods, probably not. In class 32 (beverages, non-alcoholic) and class 33 (alcoholic beverages), 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 30 (staples, spices and confectionery), class 29 (meat, dairy and processed food), class 43 (food services and accommodation) 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. "TOMMY HYNESS" 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 TOMMY HYNESS

Is TOMMY HYNESS a registered trademark?

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

As advertised: Sovereign Beverage India Private Limited.

Can I register a trademark similar to TOMMY HYNESS?

Not for the same or related goods in class 32, class 33: 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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