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Is BABYEARTH trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 5 · latest 10 July 2023

Yes, "BABYEARTH" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 10 October 2022 and 10 July 2023, in class 3 (cosmetics and cleaning) and class 5 (pharmaceuticals and health), by Maheshrajka Pharmaceuticals PVT. LTD. and an individual applicant. The opposition windows have closed.

2 applications named BABYEARTH

ApplicationClassApplicantFiledAdvertisedOpposition
5535472BABYEARTH 5Pharmaceuticals and health Maheshrajka Pharmaceuticals PVT. LTD. 19 July 2022 No. 211210 July 2023 closed10 November 2023
5014797BABYEARTH 3Cosmetics and cleaning Individual applicant (K. S. M.) 22 June 2021 No. 207310 October 2022 closed10 February 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5014797

Cosmetics, Skin Care Preparations, Hair Care Preparations, Nail Care Preparations; Foundation, Concealer, Mascara, Eye Shadow, Eye and Brow Liners, Lipstick, Lip Liner, Lip Balm, Lip Gloss, Kajal, Face Powder, Bronzer, Blusher, Moisturizers, Make-Up Remover, Non-medicated Body Powder; Skin Soaps, Bath Gel, Bath Oils, Bath Salts, Bath Beads, Bath Preparations; Skin Lotions, Creams, Cleansers, Scrubs, Masks And…

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "BABYEARTH"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 5 (pharmaceuticals and health), 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 21 (household and kitchenware), class 44 (medical, beauty and agricultural services), class 35 (advertising, business and retail) and class 10 (medical devices), 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. "BABYEARTH" 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 3 similar names in the same classes (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 BABYEARTH

Is BABYEARTH a registered trademark?

BABYEARTH has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 10 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 BABYEARTH trademark?

As advertised: Maheshrajka Pharmaceuticals PVT. LTD.; plus 1 individual applicant.

Can I register a trademark similar to BABYEARTH?

Not for the same or related goods in class 3, class 5: 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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