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Is TOP PHOS trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 1, 5 · latest 4 December 2023

Yes, "TOP PHOS" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 3 July 2023 and 4 December 2023, in class 1 (chemicals) and class 5 (pharmaceuticals and health), by Royal Agro Organic PVT. LTD. and Compagnie FinanciÈRe Et De Participations Roullier. The opposition windows have closed.

2 applications named TOP PHOS

ApplicationClassApplicantFiledAdvertisedOpposition
6125977TOP PHOS 5Pharmaceuticals and health Royal Agro Organic PVT. LTD. 26 September 2023 No. 21334 December 2023 closed4 April 2024
5784456TOP-PHOS 1Chemicals Compagnie FinanciÈRe Et De Participations Roullier 30 January 2023 No. 21113 July 2023 closed3 November 2023

Goods and services claimed

Class 5: Pharmaceuticals and health · application 6125977

PESTICIDES FOR AGRICULTURAL USE

Proposed to be used · Mumbai office · full journal entry

Class 1: Chemicals · application 5784456

Chemicals for use in agriculture, horticulture, forestry; manures, fertilizers, soil-conditioning preparations.

Proposed to be used · Delhi office · full journal entry

Can I use or register "TOP PHOS"?

For the same or related goods, probably not. In class 1 (chemicals) and class 5 (pharmaceuticals and health), 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 35 (advertising, business and retail), class 31 (fresh produce and agriculture), class 3 (cosmetics and cleaning) and class 10 (medical devices), 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 PHOS" 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 10 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 PHOS

Is TOP PHOS a registered trademark?

TOP PHOS has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 4 December 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 PHOS trademark?

As advertised: Royal Agro Organic PVT. LTD.; Compagnie FinanciÈRe Et De Participations Roullier.

Can I register a trademark similar to TOP PHOS?

Not for the same or related goods in class 1, class 5: 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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