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Is TOTKART trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 25, 35 · latest 24 July 2023

Yes, "TOTKART" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 25 April 2022 and 24 July 2023, in class 25 (clothing, footwear and headwear) and class 35 (advertising, business and retail), by Proprietor of Sunshine Fabrics and an individual applicant. Of these, 1 is a logo whose text we read as "TOTKART". The opposition windows have closed.

2 applications named TOTKART

ApplicationClassApplicantFiledAdvertisedOpposition
5612911logo mark 35Advertising, business and retail Individual applicant (M. M. H.) 17 September 2022 No. 211424 July 2023 closed24 November 2023
5344629TOTKART 25Clothing, footwear and headwear Proprietor of Sunshine Fabrics 25 February 2022 No. 204925 April 2022 closed25 August 2022

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 5344629

Readymade Garments.

Proposed to be used · Kolkata office · full journal entry

Can I use or register "TOTKART"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear) and class 35 (advertising, business and retail), 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 18 (leather, bags and luggage), class 24 (textiles and fabrics), class 14 (jewellery and watches) and class 9 (electronics and software), 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. "TOTKART" 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 2 similar names in the same classes (below).

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Is TOTKART 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 TOTKART

Is TOTKART a registered trademark?

TOTKART has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 24 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 TOTKART trademark?

As advertised: Proprietor of Sunshine Fabrics; plus 1 individual applicant.

Can I register a trademark similar to TOTKART?

Not for the same or related goods in class 25, class 35: 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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