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Is BRAIN-BIOTIC trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 44 · latest 29 August 2022

Yes, "BRAIN-BIOTIC" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 29 August 2022, in class 5 (pharmaceuticals and health) and class 44 (medical, beauty and agricultural services), by Septalyst Lifesciences PVT.LTD. The opposition windows have closed.

2 applications named BRAIN-BIOTIC

ApplicationClassApplicantFiledAdvertisedOpposition
5046663BRAIN-BIOTIC 5Pharmaceuticals and health Septalyst Lifesciences PVT.LTD 16 July 2021 No. 206729 August 2022 closed29 December 2022
5046661BRAIN-BIOTIC 44Medical, beauty and agricultural services Septalyst Lifesciences PVT.LTD 16 July 2021 No. 206729 August 2022 closed29 December 2022

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5046663

PHARMACEUTICAL, MEDICINAL PREPARATIONS, PHARMACEUTICAL MEDICINS FOR MEDICAL PURPOSE, CAPSULES, BIFIDOBACTERIUM BREVE 0.5 BN CFU, BIFIDOBACTERIUM INFANTIS 0.5 BN CFU, BIFIDOBACTERIUM LACTIS 0.5 BN CFU, LACTOBASILLUS PLANTARUM 1.0 BN CFU, LACTOBASILLUS RHAMNOSUS 0.5 BN CFU, BASILLUS COAGULANS 2.0 BN CFU. Mark should be read as a whole.

Proposed to be used · Mumbai office · full journal entry

Class 44: Medical, beauty and agricultural services · application 5046661

Medical analysis services relating to the treatment of persons, health therapy services, medicinal / pharmaceutical services, Artificial insemination services, Pharmacy advice, medical care, hygienic, alternative medicine services, health centers / health centers, hospitals, medical clinic services, medical assistance, medical equipment rental, medical advice for individuals with disabilities, midwife services…

Proposed to be used · Mumbai office · full journal entry

Can I use or register "BRAIN-BIOTIC"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and class 44 (medical, beauty and agricultural services), 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 9 (electronics and software), 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. "BRAIN-BIOTIC" 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 9 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 BRAIN-BIOTIC

Is BRAIN-BIOTIC a registered trademark?

BRAIN-BIOTIC has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 29 August 2022). 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 BRAIN-BIOTIC trademark?

As advertised: Septalyst Lifesciences PVT.LTD.

Can I register a trademark similar to BRAIN-BIOTIC?

Not for the same or related goods in class 5, class 44: 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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