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Is XSEED TestMaker trademarked in India?

2 applications advertised in the Trade Marks Journal · class 35 · latest 24 July 2023

Yes, "XSEED TestMaker" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 10 April 2023 and 24 July 2023, in class 35 (advertising, business and retail), by Xseed Education Pte LTD.. The opposition windows have closed.

2 applications named XSEED TestMaker

ApplicationClassApplicantFiledAdvertisedOpposition
5691445XSEED TestMaker 99 Xseed Education Pte LTD. 21 November 2022 No. 211424 July 2023 closed24 November 2023
5691441XSEED TestMaker 35Advertising, business and retail Xseed Education Pte LTD. 21 November 2022 No. 209910 April 2023 closed10 August 2023

Goods and services claimed

Class 99 · application 5691445

Cl.9;Educational software; Educational computer software; Educational software for children; teaching instruments; Apparatus for teaching; Audiovisual teaching apparatus; Audio visual teaching apparatus; Electronic instructional and teaching apparatus and instruments; Virtual classroom software; Downloadable computer software for remote monitoring and analysis; Software and applications for mobile devices…

Proposed to be used · Delhi office · full journal entry

Class 35: Advertising, business and retail · application 5691441

Advertising; strategic planning and business advisory; business venture development and formation consulting services for universities, educational institutions seeking to establish online universities and educational programs; turnkey project management; providing directory information; on-line ordering services featuring merchandise and consumer; customer service and relationship management services.

Use claimed since 07/08/2021 · Delhi office · full journal entry

Can I use or register "XSEED TestMaker"?

For the same or related goods, probably not. In 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 9 (electronics and software), class 42 (software, it and design services), class 36 (finance, insurance and real estate) and class 39 (transport, logistics and travel), 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. "XSEED TestMaker" appears in 1 class; the other 44 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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Questions about XSEED TestMaker

Is XSEED TestMaker a registered trademark?

XSEED TestMaker 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 XSEED TestMaker trademark?

As advertised: Xseed Education Pte LTD..

Can I register a trademark similar to XSEED TestMaker?

Not for the same or related goods in 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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