3 applications named WHEY PERFORMANCE
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5148524WHEY PERFORMANCE | 5Pharmaceuticals and health | Bright Lifecare Private Limited | 25 September 2021 | No. 216224 June 2024 | closed24 October 2024 |
| 5148739WHEY PERFORMANCE | 29Meat, dairy and processed food | Bright Lifecare Private Limited | 26 September 2021 | No. 21464 March 2024 | closed4 July 2024 |
| 5149037WHEY PERFORMANCE | 32Beverages, non-alcoholic | Bright Lifecare Private Limited | 27 September 2021 | No. 21425 February 2024 | closed5 June 2024 |
Goods and services claimed
Class 5: Pharmaceuticals and health · application 5148524
Pharmaceuticals, Medical and Veterinary Preparations, Nutritional Supplements, Vitamin Supplements, food supplements and Nutraceuticals for use as dietary supplements, Protein dietary Supplements, Mineral Supplements, Dietetic Food and substances adapted for medical use.
Use claimed since 25/06/2018 · Delhi office · full journal entry
Class 29: Meat, dairy and processed food · application 5148739
Peanut Butter, Protein Milk, Textured vegetable protein for use as a meat extender, Unformed textured vegetable protein for use as a meat extender, Formed textured vegetable protein for use as a meat substitute, Milk and Milk Products; Fruit Based Snack Bar, Nut based snack Bar, Organic nut and seed based snack Bar, Edible Oils and Fats.
Use claimed since 25/06/2018 · Delhi office · full journal entry
Class 32: Beverages, non-alcoholic · application 5149037
Beverages, Whey Beverages, Fruit drinks, fruit juices, Energy drinks, Non- Alcoholic drinks, Non-alcoholic drinks containing vegetable juices, Non-alcoholic drinks containing fruit juices, Concentrates, syrups and powders used in the preparation of soft drinks, Fruit concentrates and purees used for making beverages, Preparations For Making Beverages, Protein Drinks, Protein-enriched sports drinks, Sports Drinks…
Use claimed since 25/06/2018 · Delhi office · full journal entry
Can I use or register "WHEY PERFORMANCE"?
For the same or related goods, probably not. In class 5 (pharmaceuticals and health), class 29 (meat, dairy and processed food) 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural services), 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. "WHEY PERFORMANCE" 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 2 similar names in the same classes (below).
Similar names in the journal
- ON OPTIMUM NUTRITION PERFORMANCE WHEYsame letters, spaced differently · class 99 () · Glanbia Performance Nutrition Limited
- BIOZYME PERFORMANCE WHEYsame letters, spaced differently · class 29 (Meat, dairy and processed food) · Bright Lifecare Private Limited
- Performance Whey PRsame letters, spaced differently · class 5 (Pharmaceuticals and health) · Bright Lifecare Private Limited
- PERFORMANCE logocontains the name · class 9 (Electronics and software) · Individual applicant (P. P. S.)
- Performanc e logocontains the name · class 42 (Software, IT and design services) · Antra Info Solutions Private Limited
- PERFO RMANCE logocontains the name · class 35 (Advertising, business and retail) · Grandval Enterprises Private Limited
- WHEN PERFORMANCE MATTERS logosimilar spelling · class 7 (Machines and motors) · M K Agencies
- PERFORMANCE WITH INTEGRITY logosimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (G. G.)
- Performance with Efficiency logosimilar spelling · class 11 (Lighting, heating and cooling) · R R Kabel Limited
- Performance Windows logosimilar spelling · class 17 (Rubber and insulating materials) · Individual applicant (S. K.)
- Nova Performancesimilar spelling · class 9 (Electronics and software) · Vision Rx Lab Private Limited
- EVOKEDGE : POWER. PRECISION. PERFORMANCE.similar spelling · class 35 (Advertising, business and retail) · Proprietor of Evokedge
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about WHEY PERFORMANCE
Is WHEY PERFORMANCE a registered trademark?
WHEY PERFORMANCE has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 24 June 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 WHEY PERFORMANCE trademark?
As advertised: Bright Lifecare Private Limited.
Can I register a trademark similar to WHEY PERFORMANCE?
Not for the same or related goods in class 5, class 29, 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.