2 applications named BEING EARTH
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5417403BEING EARTH | 3Cosmetics and cleaning | Maheshrajka Pharmaceuticals PVT. LTD. | 21 April 2022 | No. 212723 October 2023 | closed23 February 2024 |
| 5417404BEING EARTH | 5Pharmaceuticals and health | Maheshrajka Pharmaceuticals PVT. LTD. | 21 April 2022 | No. 21204 September 2023 | closed4 January 2024 |
Can I use or register "BEING EARTH"?
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. "BEING EARTH" 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).
Similar names in the journal
- Happiness is being EARTHFITcontains the name · class 21 (Household and kitchenware) · Earthfit Solutions Private Limited
- Remoulding Earthsimilar spelling · class 37 (Construction, installation and repair) · Proprietor of Snow Tiger Builders
- EARTH BELLYsimilar spelling · class 29 (Meat, dairy and processed food) · Individual applicant (V. W.)
- BREATHING EARTH NAMASTEsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (R. B. B.)
- Living Earthsimilar spelling · class 37 (Construction, installation and repair) · Individual applicant (N. S. D.)
- Smiling Earth Farmssimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (G. S.)
- BREATHING EARTHsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (R. B. B.)
- SHINING EARTHsimilar spelling · class 30 (Staples, spices and confectionery) · Individual applicant (M. K.)
- Earth Beauty logosimilar spelling · class 35 (Advertising, business and retail) · Proprietor of Gopinathji Traders
- Enriching Earth logosimilar spelling · class 9 (Electronics and software) · Celestial Smartech Solutions LLP
- EARTH BENEVOLANCE logosimilar spelling · class 3 (Cosmetics and cleaning) · Sahajdeep Impex Private Limited
- Energizing Earth logosimilar spelling · class 35 (Advertising, business and retail) · Aries Agro Limited
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about BEING EARTH
Is BEING EARTH a registered trademark?
BEING EARTH has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 23 October 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 BEING EARTH trademark?
As advertised: Maheshrajka Pharmaceuticals PVT. LTD..
Can I register a trademark similar to BEING EARTH?
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.