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Is UPPER CRUST trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 19, 34 · latest 15 January 2024

Yes, "UPPER CRUST" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 April 2023 and 15 January 2024, in class 19 (building materials) and class 34 (tobacco and smokers' articles), by 2 individual applicants. The opposition windows have closed.

2 applications named UPPER CRUST

ApplicationClassApplicantFiledAdvertisedOpposition
6245166UPPER CRUST 34Tobacco and smokers' articles Individual applicant (S. K. M.) 3 January 2024 No. 213915 January 2024 closed15 May 2024
5575822UPPER CRUST 19Building materials Individual applicant (M. G.) 20 August 2022 No. 210124 April 2023 closed24 August 2023

Goods and services claimed

Class 34: Tobacco and smokers' articles · application 6245166

Cigarette rolling papers, Electronic Cigarette, Electronic Cigars, Electronic Hookahs, Flavorings for tobacco, Hookahs, Lighters, glass bongs, smoking related accessories included under Class-34

Proposed to be used · Delhi office · full journal entry

Class 19: Building materials · application 5575822

PLYWOOD, BLOCKBOARD, LAMINATE, FLUSH DOORS, NOT OF METAL, LAMINATED WOOD, VENEERS & MANUFACTURED TIMBER IN CLASS 19.

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "UPPER CRUST"?

For the same or related goods, probably not. In class 19 (building materials) and class 34 (tobacco and smokers' articles), 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 6 (metal goods), class 2 (paints and coatings), class 17 (rubber and insulating materials) and class 37 (construction, installation and repair), 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. "UPPER CRUST" 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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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 UPPER CRUST

Is UPPER CRUST a registered trademark?

UPPER CRUST has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 15 January 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 UPPER CRUST trademark?

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 We do not publish individuals' names.

Can I register a trademark similar to UPPER CRUST?

Not for the same or related goods in class 19, class 34: 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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