2 applications named BOTANIK
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5870846BOTANIK | 43Food services and accommodation | Gujrals Restaurants & Hotels LTD | 29 March 2023 | No. 21242 October 2023 | closed2 February 2024 |
| 4882195logo mark | 35Advertising, business and retail | Proprietor of Shree Ji Trading Co | 26 February 2021 | No. 20852 January 2023 | closed2 May 2023 |
Goods and services claimed
Class 43: Food services and accommodation · application 5870846
“providing food and drink; temporary accommodation”
Use claimed since 29/10/2022 · Kolkata office · full journal entry
Class 35: Advertising, business and retail · application 4882195
ADVERTISEMENT AND MARKETING OF HOTEL GUEST AMENITIES, SHAMPOO, BODY LOTION, SHOWER GEL, SHAVING GEL.
Proposed to be used · Mumbai office · full journal entry
Can I use or register "BOTANIK"?
For the same or related goods, probably not. In class 35 (advertising, business and retail) and class 43 (food services and accommodation), 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 9 (electronics and software), class 42 (software, it and design services), class 36 (finance, insurance and real estate) and class 39 (transport, logistics and travel), 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. "BOTANIK" 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 2 similar names in the same classes (below).
Similar names in the journal
- BOTANIKA THE NURSERYcontains the name · class 31 (Fresh produce and agriculture) · Proprietor of Botanika The Nursery
- AURA BOTANIKcontains the name · class 5 (Pharmaceuticals and health) · Proprietor of Aura Organic
- BOTANcontains the name · class 33 (Alcoholic beverages) · Individual applicant (K. R. K.)
- BKD BOTANIKIND logocontains the name · class 99 () · Individual applicant (R. N.)
- BOTANIKA logocontains the name · class 3 (Cosmetics and cleaning) · Bhagya Chandra
- De botaniquesimilar spelling · class 29 (Meat, dairy and processed food) · Som Fragrances PVT. LTD
- Botanifysimilar spelling · class 35 (Advertising, business and retail) · Proprietor of My Plant India
- THE BOTANICAL THEORYsimilar spelling · class 35 (Advertising, business and retail) · Paul Penders Botanicals India Private Limited
- BOTANIZENsimilar spelling · class 3 (Cosmetics and cleaning) · Ocl Exports
- ESHQ BOTANICAsimilar spelling · class 4 (Fuels, oils and candles) · Proprietor of Deep Polymers
- TASHI BOTANICAsimilar spelling · class 3 (Cosmetics and cleaning) · Sushila Devi Jindal Industries Private Limited
- SHREE BOTANICAsimilar spelling · class 29 (Meat, dairy and processed food) · Shree Botanica
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about BOTANIK
Is BOTANIK a registered trademark?
BOTANIK has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 2 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 BOTANIK trademark?
As advertised: Gujrals Restaurants & Hotels LTD; Proprietor of Shree Ji Trading Co.
Can I register a trademark similar to BOTANIK?
Not for the same or related goods in class 35, class 43: 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.