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Is BOTANIC HEARTH trademarked in India?

3 applications advertised in the Trade Marks Journal · class 3 · latest 5 February 2024

Yes, "BOTANIC HEARTH" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 24 April 2023 and 5 February 2024, in class 3 (cosmetics and cleaning), by Volans Uptown Llc and an individual applicant. Of these, 1 is a logo whose text we read as "BOTANIC HEARTH". The opposition windows have closed.

3 applications named BOTANIC HEARTH

ApplicationClassApplicantFiledAdvertisedOpposition
5620277logo mark 3Cosmetics and cleaning Volans Uptown Llc 22 September 2022 No. 21425 February 2024 closed5 June 2024
5912276BOTANIC HEARTH 3Cosmetics and cleaning Volans Uptown Llc 27 April 2023 No. 211424 July 2023 closed24 November 2023
5490886Botanic Hearth 3Cosmetics and cleaning Individual applicant (M. J. B.) 16 June 2022 No. 210124 April 2023 closed24 August 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5620277

Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; Hair care preparations; Skin care preparations; Body cleaning and beauty care preparations; Face care preparations. REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE descriptive matters.. THIS IS SUBJECT TO ASSOCIATION WITH REGISTERED NO..5912276.

Use claimed since 20/09/2020 · Delhi office · full journal entry

Class 3: Cosmetics and cleaning · application 5912276

Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; Hair care preparations; Skin care preparations; Body cleaning and beauty care preparations; Face care preparations.

Use claimed since 18/09/2020 · Delhi office · full journal entry

Class 3: Cosmetics and cleaning · application 5490886

Cosmetics and cosmetic preparations, Make-Up, Make-Up Remover, Eye makeup, Lipsticks, Mascara, Lip glosses, Face wash, Skin moisturizers, Skin hydrators, Skin masks, Skin toner, Skin lotion, Skin foundation, Skin creams in liquid and in solid form, Skin fresheners, Skin soap, Skincare preparations, Skin, eye and nail care preparations, Nail creams, Nail strengtheners, Nail tips, Nail enamel, Nail polish, Nail gel…

Proposed to be used · Mumbai office · full journal entry

Can I use or register "BOTANIC HEARTH"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 35 (advertising, business and retail), 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. "BOTANIC HEARTH" appears in 1 class; the other 44 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.

Want a name like BOTANIC HEARTH? Check yours free

Tell us your brand name and what you sell. A Trademark Attorney searches the journal register for identical and similar marks in your class and emails you a short report.

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Is BOTANIC HEARTH your brand? Watch it freeWe read every weekly journal issue, logos included, and email you when a similar name is advertised, while you can still oppose it. Ask a Trademark AttorneyDoes this name affect your brand? Ask on WhatsApp. The first answer is free. Which class is mine?Describe your business and get the classes to file in, with the traps for your trade.

Questions about BOTANIC HEARTH

Is BOTANIC HEARTH a registered trademark?

BOTANIC HEARTH has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 5 February 2024). 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 BOTANIC HEARTH trademark?

As advertised: Volans Uptown Llc; plus 1 individual applicant.

Can I register a trademark similar to BOTANIC HEARTH?

Not for the same or related goods in class 3: 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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