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Is BLACK LEAF trademarked in India?

4 applications advertised in the Trade Marks Journal · classes 3, 25, 28, 35 · latest 30 January 2023

Yes, "BLACK LEAF" has been applied for as a trademark in India. 4 applications under this name were advertised in the Trade Marks Journal between 11 October 2021 and 30 January 2023, in class 3 (cosmetics and cleaning), class 25 (clothing, footwear and headwear), class 28 (toys, games and sports) and class 35 (advertising, business and retail), by Proprietor of Austria Store, Jogani Nikunj Ghusabhai and 2 individual applicants. The opposition windows have closed.

4 applications named BLACK LEAF

ApplicationClassApplicantFiledAdvertisedOpposition
5569809Black Leaf 28Toys, games and sports Proprietor of Austria Store 16 August 2022 No. 208930 January 2023 closed30 May 2023
5553856BLACK LEAF 3Cosmetics and cleaning Jogani Nikunj Ghusabhai 2 August 2022 No. 208426 December 2022 closed26 April 2023
5096079BLACK LEAF 35Advertising, business and retail Individual applicant (M. R. P.) 19 August 2021 No. 20723 October 2022 closed3 February 2023
5096080BLACK LEAF 25Clothing, footwear and headwear Individual applicant (M. R. P.) 19 August 2021 No. 202111 October 2021 closed11 February 2022

Goods and services claimed

Class 28: Toys, games and sports · application 5569809

Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees.

Proposed to be used · Delhi office · full journal entry

Class 3: Cosmetics and cleaning · application 5553856

Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations

Proposed to be used · Ahmedabad office · full journal entry

Class 35: Advertising, business and retail · application 5096079

Wholesale services for clothing

Proposed to be used · Chennai office · full journal entry

Class 25: Clothing, footwear and headwear · application 5096080

Clothing,Ladieswear,Tracksuits,Trousers,Socks,Sweaters,Shirts,Jeans,Shorts,Vests,Tops,Tee shirts

Proposed to be used · Chennai office · full journal entry

Can I use or register "BLACK LEAF"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 25 (clothing, footwear and headwear), class 28 (toys, games and sports) and class 35 (advertising, business and retail), 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 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) and class 18 (leather, bags and luggage), 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. "BLACK LEAF" appears in 4 classes; the other 41 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 2 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 BLACK LEAF

Is BLACK LEAF a registered trademark?

BLACK LEAF has been applied for and advertised in the Trade Marks Journal (4 applications, latest on 30 January 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 BLACK LEAF trademark?

As advertised: Proprietor of Austria Store; Jogani Nikunj Ghusabhai; plus 2 individual applicants.

Can I register a trademark similar to BLACK LEAF?

Not for the same or related goods in class 3, class 25, class 28, class 35: 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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