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Is VIATECH trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 30, 42 · latest 16 May 2022

Yes, "VIATECH" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 16 May 2022, in class 30 (staples, spices and confectionery) and class 42 (software, it and design services), by Cargill, Incorporated. The opposition windows have closed.

2 applications named VIATECH

ApplicationClassApplicantFiledAdvertisedOpposition
5368931VIATECH 30Staples, spices and confectionery Cargill, Incorporated 14 March 2022 No. 205216 May 2022 closed16 September 2022
5368932VIATECH 42Software, IT and design services Cargill, Incorporated 14 March 2022 No. 205216 May 2022 closed16 September 2022

Goods and services claimed

Class 30: Staples, spices and confectionery · application 5368931

NATURAL SWEETENERS; SUGAR SUBSTITUTES

Proposed to be used · Delhi office · full journal entry

Class 42: Software, IT and design services · application 5368932

TECHNICAL CONSULTANCY IN RELATION TO TECHNICAL RESEARCH IN THE FIELD OF FOOD AND BEVERAGES

Proposed to be used · Delhi office · full journal entry

Can I use or register "VIATECH"?

For the same or related goods, probably not. In class 30 (staples, spices and confectionery) and class 42 (software, it and design services), 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 29 (meat, dairy and processed food), class 32 (beverages, non-alcoholic), class 43 (food services and accommodation) 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. "VIATECH" 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 VIATECH

Is VIATECH a registered trademark?

VIATECH has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 16 May 2022). 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 VIATECH trademark?

As advertised: Cargill, Incorporated.

Can I register a trademark similar to VIATECH?

Not for the same or related goods in class 30, class 42: 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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