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Is TOPCAN trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 10, 32 · latest 1 July 2024

Yes, "TOPCAN" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 11 September 2023 and 1 July 2024, in class 10 (medical devices) and class 32 (beverages, non-alcoholic), by Lifesurge Healthcare PVT. LTD. and an individual applicant. Of these, 1 is a logo whose text we read as "TOPCAN". The opposition windows have closed.

2 applications named TOPCAN

ApplicationClassApplicantFiledAdvertisedOpposition
6372392TOPCAN 10Medical devices Lifesurge Healthcare PVT. LTD. 4 April 2024 No. 21631 July 2024 closed1 November 2024
5771242logo mark 32Beverages, non-alcoholic Individual applicant (T. B.) 20 January 2023 No. 212111 September 2023 closed11 January 2024

Goods and services claimed

Class 10: Medical devices · application 6372392

CANNULAS,TUBING FOR USE WITH CANNULAE, CATHETERS, INTRACARDIAC, CATHETERS, INTRAVENOUS CATHETERS, SURGICAL CATHETERS, CARDIOVASCULAR CATHETERS, CARDIAC CATHETERS, MEDICAL CATHETERS, URETHRAL CATHETERS, BALLOON CATHETERS, CENTRAL VENOUS CATHETERS, BLOOD TRANSFUSION APPARATUS, INJECTION SYRINGES, INJECTION INSTRUMENTS WITHOUT NEEDLES, ENDOTRACHEAL TUBES, MEDICAL VENTILATORS, OXYGEN MASKS FOR MEDICAL PURPOSES…

Proposed to be used · Ahmedabad office · full journal entry

Class 32: Beverages, non-alcoholic · application 5771242

Fruit beverages; Non-alcoholic beverages; Fruit juices [beverages]; Fruit based beverages; Carbonated non-alcoholic beverages; Soft drinks; Soft drinks, non-carbonated; Energy drinks; Drinks, non-alcoholic

Proposed to be used · Kolkata office · full journal entry

Can I use or register "TOPCAN"?

For the same or related goods, probably not. In class 10 (medical devices) and class 32 (beverages, non-alcoholic), 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 5 (pharmaceuticals and health), class 44 (medical, beauty and agricultural services), class 9 (electronics and software) 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. "TOPCAN" 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.

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Is TOPCAN your brand? Watch it freeWe read every weekly journal issue, logos included, and email you when a similar name is advertised, while you can still oppose it. Ask a Trademark AttorneyDoes this name affect your brand? Ask on WhatsApp. The first answer is free. Which class is mine?Describe your business and get the classes to file in, with the traps for your trade.

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 TOPCAN

Is TOPCAN a registered trademark?

TOPCAN has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 1 July 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 TOPCAN trademark?

As advertised: Lifesurge Healthcare PVT. LTD.; plus 1 individual applicant.

Can I register a trademark similar to TOPCAN?

Not for the same or related goods in class 10, class 32: 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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