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Is TOP UP trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 29, 31 · latest 2 September 2024

Yes, "TOP UP" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 22 May 2023 and 2 September 2024, in class 29 (meat, dairy and processed food) and class 31 (fresh produce and agriculture), by 3 individual applicants. Of these, 2 are logos whose text we read as "TOP UP". The opposition windows have closed.

3 applications named TOP UP

ApplicationClassApplicantFiledAdvertisedOpposition
5460422logo mark 31Fresh produce and agriculture Individual applicant (K. D. J.) 24 May 2022 No. 21722 September 2024 closed2 January 2025
5478820logo mark 29Meat, dairy and processed food Individual applicant (R. M. M.) 7 June 2022 No. 210919 June 2023 closed19 October 2023
5478819TOP UP 29Meat, dairy and processed food Individual applicant (R. M. M.) 7 June 2022 No. 210522 May 2023 closed22 September 2023

Goods and services claimed

Class 31: Fresh produce and agriculture · application 5460422

Foodstuffs for poultry; Cattle feed included in class 31

Use claimed since 01/04/2010 · Delhi office · full journal entry

Class 29: Meat, dairy and processed food · application 5478820

SWEET SCENTED SUPARI (PROCESSED BETEL NUTS); MOUTH FRESHENER (PAN MASALA); PROCESSED BETEL NUTS; SCENTED SUPARI AND SWEET BETEL NUT (PROCESSED BETEL NUTS); PAN MASALA [PROCESSED NUTS, SEEDS AND BETEL LEAVES USED AS INGREDIENTS]; SCENTED SWEET SUPARI (PROCESSED BETEL NUTS); NUTS, PREPARED; PAN SAMAGRI WITHOUT TOBACCO (PAN MASALA); PAN CHUTNEY USED AS INGREDIENTS. SUBJECT TO USE THE MARK AS A WHOLE AS REPRESENTED IN…

Use claimed since 16/09/2013 · Ahmedabad office · full journal entry

Class 29: Meat, dairy and processed food · application 5478819

SWEET SCENTED SUPARI (PROCESSED BETEL NUTS); MOUTH FRESHENER (PAN MASALA); PROCESSED BETEL NUTS; SCENTED SUPARI AND SWEET BETEL NUT (PROCESSED BETEL NUTS); PAN MASALA [PROCESSED NUTS, SEEDS AND BETEL LEAVES USED AS INGREDIENTS]; SCENTED SWEET SUPARI (PROCESSED BETEL NUTS); NUTS, PREPARED; PAN SAMAGRI WITHOUT TOBACCO (PAN MASALA); PAN CHUTNEY USED AS INGREDIENTS.

Use claimed since 16/09/2013 · Ahmedabad office · full journal entry

Can I use or register "TOP UP"?

For the same or related goods, probably not. In class 29 (meat, dairy and processed food) 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 30 (staples, spices and confectionery), class 43 (food services and accommodation), class 35 (advertising, business and retail) 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 UP" 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 3 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 UP

Is TOP UP a registered trademark?

TOP UP has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 2 September 2024). 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 UP trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to TOP UP?

Not for the same or related goods in class 29, 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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