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Is Arctic Tern trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 25 · latest 11 December 2023

Yes, "Arctic Tern" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 28 August 2023 and 11 December 2023, in class 5 (pharmaceuticals and health) and class 25 (clothing, footwear and headwear), by Achyut Apparels and Konaheilsa Global Private Limited. Of these, 1 is a logo whose text we read as "Arctic Tern". The opposition windows have closed.

2 applications named Arctic Tern

ApplicationClassApplicantFiledAdvertisedOpposition
6140512logo mark 25Clothing, footwear and headwear Achyut Apparels 9 October 2023 No. 213411 December 2023 closed11 April 2024
5838329Arctic Tern 5Pharmaceuticals and health Konaheilsa Global Private Limited 7 March 2023 No. 211928 August 2023 closed28 December 2023

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 6140512

Clothing.

Proposed to be used · Chennai office · full journal entry

Class 5: Pharmaceuticals and health · application 5838329

Dietary supplements, Nutraceutical preparations for therapeutic or medical purposes, Nutraceuticals for use as a dietary supplement.

Proposed to be used · Kolkata office · full journal entry

Can I use or register "Arctic Tern"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and class 25 (clothing, footwear and headwear), 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. "Arctic Tern" 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 1 similar name in the same class (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 Arctic Tern

Is Arctic Tern a registered trademark?

Arctic Tern has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 11 December 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 Arctic Tern trademark?

As advertised: Achyut Apparels; Konaheilsa Global Private Limited.

Can I register a trademark similar to Arctic Tern?

Not for the same or related goods in class 5, class 25: 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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