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Is TOP CASHEW trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 2, 4, 31 · latest 10 July 2023

Yes, "TOP CASHEW" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 18 April 2022 and 10 July 2023, in class 2 (paints and coatings), class 4 (fuels, oils and candles) and class 31 (fresh produce and agriculture), by Top Cashew Private Limited. The opposition windows have closed.

3 applications named TOP CASHEW

ApplicationClassApplicantFiledAdvertisedOpposition
5340771TOP CASHEW 31Fresh produce and agriculture Top Cashew Private Limited 23 February 2022 No. 211210 July 2023 closed10 November 2023
5342260TOP CASHEW 2Paints and coatings Top Cashew Private Limited 23 February 2022 No. 204818 April 2022 closed18 August 2022
5342261TOP CASHEW 4Fuels, oils and candles Top Cashew Private Limited 23 February 2022 No. 204818 April 2022 closed18 August 2022

Goods and services claimed

Class 31: Fresh produce and agriculture · application 5340771

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt ; Seeds for planting; Rice meal for forage; Residue in a still after distillation; Peas, fresh; Peanuts, fresh; Peanut cake for…

Use claimed since 12/08/2019 · Kolkata office · full journal entry

Class 2: Paints and coatings · application 5342260

Oil colours; Oil paints; Gum resins; Synthetic resin paints; Unprocessed natural resins; Raw natural resins; Resins for coating purposes; Unprocessed natural resins for use in the manufacture of adhesives

Use claimed since 12/08/2019 · Kolkata office · full journal entry

Class 4: Fuels, oils and candles · application 5342261

Wood spills for lighting fires; wood briquettes; rape oil for industrial purposes; peat briquettes [fuel]; peat [fuel]; oils for releasing form work [building]; Oils for paints; Oils for the preservation of masonry and leather; motor oil; motor oil moistening oil; mineral fuel; lighting fuel; industrial oil; industrial grease; Fuel with an alcohol base; fuel oil; combustible oil; fuel gas; fuel; firewood…

Use claimed since 12/08/2019 · Kolkata office · full journal entry

Can I use or register "TOP CASHEW"?

For the same or related goods, probably not. In class 2 (paints and coatings), class 4 (fuels, oils and candles) and class 31 (fresh produce and agriculture), 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 3 (cosmetics and cleaning), class 16 (paper, printing and stationery) and class 1 (chemicals), 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 CASHEW" 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).

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Similar names in the journal

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 CASHEW

Is TOP CASHEW a registered trademark?

TOP CASHEW has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 10 July 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 TOP CASHEW trademark?

As advertised: Top Cashew Private Limited.

Can I register a trademark similar to TOP CASHEW?

Not for the same or related goods in class 2, class 4, class 31: 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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