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Is BE POSITIVE trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 9, 10, 12 · latest 18 December 2023

Yes, "BE POSITIVE" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 15 May 2023 and 18 December 2023, in class 9 (electronics and software), class 10 (medical devices) and class 12 (vehicles), by Bee Pee Engineering and Proprietor of Karuna Fab. Of these, 1 is a logo whose text we read as "BE POSITIVE". The opposition windows have closed.

3 applications named BE POSITIVE

ApplicationClassApplicantFiledAdvertisedOpposition
6200214logo mark 12Vehicles Bee Pee Engineering 28 November 2023 No. 213518 December 2023 closed18 April 2024
4554543BE POSITIVE 10Medical devices Proprietor of Karuna Fab 3 July 2020 No. 211026 June 2023 closed26 October 2023
4554542BE POSITIVE 9Electronics and software Proprietor of Karuna Fab 3 July 2020 No. 210415 May 2023 closed15 September 2023

Goods and services claimed

Class 12: Vehicles · application 6200214

Structural parts for automobiles, Interior trim parts of automobiles, Tipping apparatus [parts of railway freight cars], Automobiles, Brakes for automobiles, Dashboards for automobiles, Gearboxes for automobiles, Hydrogen-fueled automobiles, Tyres for automobiles, Ashtrays for automobiles, Bumpers for automobiles, Mudguards for automobiles, Bonnets for automobiles, Series hybrid automobiles, Wheels for automobiles…

Proposed to be used · Ahmedabad office · full journal entry

Class 10: Medical devices · application 4554543

surgical mask, hand gloves, ppe kit, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials, Special furniture for medical use;blood testing apparatus,thermometers for medical purposes , physiotherapy apparatus in class 10

Proposed to be used · Delhi office · full journal entry

Class 9: Electronics and software · application 4554542

Protective masks *; Protective breathing masks, other than for artificial respiration; Dust masks; Dust protection masks; Respiratory mask filters; Anti-pollution masks for cycling in class 09

Proposed to be used · Delhi office · full journal entry

Can I use or register "BE POSITIVE"?

For the same or related goods, probably not. In class 9 (electronics and software), class 10 (medical devices) and class 12 (vehicles), 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 42 (software, it and design services), class 38 (telecommunications), class 35 (advertising, business and retail) and class 41 (education and entertainment), 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. "BE POSITIVE" 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 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 BE POSITIVE

Is BE POSITIVE a registered trademark?

BE POSITIVE has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 18 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 BE POSITIVE trademark?

As advertised: Bee Pee Engineering; Proprietor of Karuna Fab.

Can I register a trademark similar to BE POSITIVE?

Not for the same or related goods in class 9, class 10, class 12: 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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