1 application named TOP BRAIN
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5196304TOP BRAIN | 28Toys, games and sports | Individual applicant (S. K. M.) | 1 November 2021 | No. 20502 May 2022 | closed2 September 2022 |
Can I use or register "TOP BRAIN"?
For the same or related goods, probably not. In class 28 (toys, games and sports), 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 9 (electronics and software), class 41 (education and entertainment), class 25 (clothing, footwear and headwear) 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. "TOP BRAIN" appears in 1 class; the other 44 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
- Fat Brain Toyssimilar spelling · class 28 (Toys, games and sports) · Shunmuga Art Printers Private Limited
- AIV'S BRAIN TONICsimilar spelling · class 5 (Pharmaceuticals and health) · Ayurinveda Remedies Private Limited
- EBONY BRAIN TONICsimilar spelling · class 5 (Pharmaceuticals and health) · Ebony Products Private Limited
- (Brain Tonic logosimilar spelling · class 5 (Pharmaceuticals and health) · Dravyagun Pharma LLP
- Brain Talksimilar spelling · class 42 (Software, IT and design services) · Individual applicant (B. H. B.)
- REWIRE BRAIN TRAININGsimilar spelling · class 9 (Electronics and software) · Thinkbeyond Brain Care Solutions Private Limited
- BRAIN TREE IASsimilar spelling · class 41 (Education and entertainment) · Individual applicant (S. S. S.)
- BRAIN TUNEsimilar spelling · class 42 (Software, IT and design services) · Individual applicant (D. M.)
- Brain Tickle s logosimilar spelling · class 28 (Toys, games and sports) · Individual applicant (M. A. O.)
- BRAIN TWISTER logosimilar spelling · class 41 (Education and entertainment) · Proprietor of Brain Twister Abacus Academy
- BRAIN TREE logosimilar spelling · class 41 (Education and entertainment) · Brain Tree Publishing Company
- TOM BRAINsimilar spelling · class 25 (Clothing, footwear and headwear) · Individual applicant (S. K.)
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about TOP BRAIN
Is TOP BRAIN a registered trademark?
TOP BRAIN has been applied for and advertised in the Trade Marks Journal (1 application, latest on 2 May 2022). 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 TOP BRAIN trademark?
The application was filed by an individual applicant. We do not publish individuals' names.
Can I register a trademark similar to TOP BRAIN?
Not for the same or related goods in class 28: 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.