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Is ACTIVE SWIMPROOF MASCARA trademarked in India?

1 application advertised in the Trade Marks Journal · class 3 · latest 26 February 2024

Yes, "ACTIVE SWIMPROOF MASCARA" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 26 February 2024, in class 3 (cosmetics and cleaning), by Colorbar Cosmetics Private Limited. The opposition window has closed.

1 application named ACTIVE SWIMPROOF MASCARA

ApplicationClassApplicantFiledAdvertisedOpposition
5295630ACTIVE SWIMPROOF MASCARA 3Cosmetics and cleaning Colorbar Cosmetics Private Limited 22 January 2022 No. 214526 February 2024 closed26 June 2024

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5295630

SOAPS, PERUMERY, ESSENTIAL OILS, HAIR LOTONS AND DENTIFRICES, DEODRANTS, SANITARY BEING TOILETRIES, NAIL LACQUER, BASE COATS, TOP COATS, LIPSTICK, LIP LINER, LIP GLOSS, KAJAL, EYE LINER, MASCARA, EYE PENCIL, PERFUME, DEODORANT, ESSENTIAL OILS, COMPACT POWDER, FOUNDATION, PRIMER, BLUSH, CONCEAL, CONTOUR, SINDOOR, NAIL ENAMELS, CLEANSERS, TONERS, MOISTURISERS, HAIR CARE PRODUCTS, COSMETICSINCLUDING, NON MEDICATED…

Use claimed since 30/12/2021 · Delhi office · full journal entry

Can I use or register "ACTIVE SWIMPROOF MASCARA"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 5 (pharmaceuticals and health), class 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) 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. "ACTIVE SWIMPROOF MASCARA" 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 ACTIVE SWIMPROOF MASCARA

Is ACTIVE SWIMPROOF MASCARA a registered trademark?

ACTIVE SWIMPROOF MASCARA has been applied for and advertised in the Trade Marks Journal (1 application, latest on 26 February 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 ACTIVE SWIMPROOF MASCARA trademark?

As advertised: Colorbar Cosmetics Private Limited.

Can I register a trademark similar to ACTIVE SWIMPROOF MASCARA?

Not for the same or related goods in class 3: 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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