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Is BIOWAY trademarked in India?

5 applications advertised in the Trade Marks Journal · classes 1, 3, 9, 10, 37 · latest 17 July 2023

Yes, "BIOWAY" has been applied for as a trademark in India. 5 applications under this name were advertised in the Trade Marks Journal between 19 December 2022 and 17 July 2023, in class 1 (chemicals), class 3 (cosmetics and cleaning), class 9 (electronics and software), class 10 (medical devices) and class 37 (construction, installation and repair), by Shakti Marketing and Marvel Enterprises. Of these, 4 are logos whose text we read as "BIOWAY". The opposition windows have closed.

5 applications named BIOWAY

ApplicationClassApplicantFiledAdvertisedOpposition
5395729logo mark 3Cosmetics and cleaning Shakti Marketing 4 April 2022 No. 211317 July 2023 closed17 November 2023
5395732logo mark 37Construction, installation and repair Shakti Marketing 4 April 2022 No. 21021 May 2023 closed1 September 2023
5395730logo mark 9Electronics and software Shakti Marketing 4 April 2022 No. 210017 April 2023 closed17 August 2023
4937696BIOWAY 10Medical devices Marvel Enterprises 8 April 2021 No. 209220 February 2023 closed20 June 2023
5395728logo mark 1Chemicals Shakti Marketing 4 April 2022 No. 208319 December 2022 closed19 April 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5395729

ALL PURPOSE CLEANERS, ALL PURPOSE CLEANING PREPARATIONS - INCLUDING IN CLASS-03 REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE.descriptive matters subject to the mark should be use as represented as a whole within the state of Gujarat..

Proposed to be used · Ahmedabad office · full journal entry

Class 37: Construction, installation and repair · application 5395732

REPAIR AND MAINTENANCE SERVICES- INCLUDING IN CLASS- 37

Proposed to be used · Ahmedabad office · full journal entry

Class 9: Electronics and software · application 5395730

PRESSURE GAUGES, PRESSURE METERS, PRESSURE REGULATORS – INCLUDING IN CLASS 09

Proposed to be used · Ahmedabad office · full journal entry

Class 10: Medical devices · application 4937696

“SURGICAL GOWNS, MEDICAL GOWNS, SURGICAL MASKS, RESPIRATORY MASKS 2 FOR MEDICAL USE, SURGICAL DRAPES, MEDICAL APPARATUS AND INSTRUMENTS, SURGICAL, MEDICAL, DENTAL AND VETERINARY APPARATUS AND INSTRUMENTS, INHALERS, ORTHOPAEDIC ARTICLES, ARTIFICIAL LIMBS, EYES AND TEETH; SUTURE MATERIALS.” THIS IS SUBJECT TO ASSOCIATION WITH REGISTERED/PENDING REGISTRATION NO..4509563..

Use claimed since 22/01/2019 · Chennai office · full journal entry

Class 1: Chemicals · application 5395728

PURIFICATION CHEMICALS, WATER TESTING CHEMICALS, WASTWATER TREATMENT CHEMICALS, WATER SOFTENING CHEMICALS, CHEMICALS FOR INDUSTRY, RAW CHEMICALS, CALCIUM CARBONATE, CALCIUM, SULFATE, CALCIUM FLUORIDE, CHEMICALS- INCLUDING IN CLASS -01.

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "BIOWAY"?

For the same or related goods, probably not. In class 1 (chemicals), class 3 (cosmetics and cleaning), class 9 (electronics and software), class 10 (medical devices) and class 37 (construction, installation and repair), 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 35 (advertising, business and retail), class 31 (fresh produce and agriculture) and class 21 (household and kitchenware), 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. "BIOWAY" appears in 5 classes; the other 40 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 BIOWAY

Is BIOWAY a registered trademark?

BIOWAY has been applied for and advertised in the Trade Marks Journal (5 applications, latest on 17 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 BIOWAY trademark?

As advertised: Shakti Marketing; Marvel Enterprises.

Can I register a trademark similar to BIOWAY?

Not for the same or related goods in class 1, class 3, class 9, class 10, class 37: 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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