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Is TOP-UP PLUS trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 1, 5 · latest 26 February 2024

Yes, "TOP-UP PLUS" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 July 2023 and 26 February 2024, in class 1 (chemicals) and class 5 (pharmaceuticals and health), by Swastik Pesticides Limited and an individual applicant. The opposition windows have closed.

2 applications named TOP-UP PLUS

ApplicationClassApplicantFiledAdvertisedOpposition
6218796TOP-UP PLUS 1Chemicals Individual applicant (H. N. V.) 14 December 2023 No. 214526 February 2024 closed26 June 2024
5624558TOP UP PLUS 5Pharmaceuticals and health Swastik Pesticides Limited 26 September 2022 No. 211424 July 2023 closed24 November 2023

Goods and services claimed

Class 1: Chemicals · application 6218796

Distilled water, Coolants included in class 1.

Proposed to be used · Mumbai office · full journal entry

Class 5: Pharmaceuticals and health · application 5624558

PESTICIDES, INSECTICIDES, HERBICIDES, WEEDICIDES, FUNGICIDES; PREPARATIONS FOR KILLING WEEDS AND DESTROYING VERMIN FOR AGRICULTURAL USE.

Proposed to be used · Delhi office · full journal entry

Can I use or register "TOP-UP PLUS"?

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-UP PLUS" 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 7 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 PLUS

Is TOP-UP PLUS a registered trademark?

TOP-UP PLUS has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 26 February 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 PLUS trademark?

As advertised: Swastik Pesticides Limited; plus 1 individual applicant.

Can I register a trademark similar to TOP-UP PLUS?

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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