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Is WAYFAIR trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 9, 25, 35 · latest 23 January 2023

Yes, "WAYFAIR" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 16 August 2021 and 23 January 2023, in class 9 (electronics and software), class 25 (clothing, footwear and headwear) and class 35 (advertising, business and retail), by 3 individual applicants. Of these, 1 is a logo whose text we read as "WAYFAIR". The opposition windows have closed.

3 applications named WAYFAIR

ApplicationClassApplicantFiledAdvertisedOpposition
5756899logo mark 35Advertising, business and retail Individual applicant (R. N.) 13 September 2022 No. 208823 January 2023 closed23 May 2023
5128020WAYFAIR 25Clothing, footwear and headwear Individual applicant (N. C.) 11 September 2021 No. 202111 October 2021 closed11 February 2022
5051703WAYFAIR 9Electronics and software Individual applicant (A. K.) 20 July 2021 No. 201316 August 2021 closed16 December 2021

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 5128020

MEN'S AND WOMEN'S JEANS, PANTS, JACKETS, SHIRTS, T-SHIRTS, TROUSERS, COATS, VESTS, CAPRI PANTS, SHORTS, LEGGINGS [TROUSERS], LADIES' SUITS, LADIES' CLOTHING, LADIES' DRESSES, SAREES, WOMEN'S SUITS, WOMEN'S CEREMONIAL DRESSES, CLOTHING FOR MEN, WOMEN AND CHILDREN, HOSIERY, SOCKS, UNDERGARMENTS, READYMADE GARMENTS, FOOTWEAR, BOOTS, SLIPPERS, LEATHER SLIPPERS, PLASTIC SLIPPERS, FOAM PEDICURE SLIPPERS, SPORTS SHOES.

Proposed to be used · Delhi office · full journal entry

Class 9: Electronics and software · application 5051703

MOBILE ACCESSORIES.

Proposed to be used · Delhi office · full journal entry

Can I use or register "WAYFAIR"?

For the same or related goods, probably not. In class 9 (electronics and software), 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 42 (software, it and design services), class 38 (telecommunications), class 41 (education and entertainment) and class 18 (leather, bags and luggage), 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. "WAYFAIR" appears in 3 classes; the other 42 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 1 similar name in the same class (below).

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Is WAYFAIR 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 WAYFAIR

Is WAYFAIR a registered trademark?

WAYFAIR has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 23 January 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 WAYFAIR trademark?

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

Can I register a trademark similar to WAYFAIR?

Not for the same or related goods in class 9, 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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