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Is BREATHING EARTH trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 3, 16, 30 · latest 4 March 2024

Yes, "BREATHING EARTH" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 18 July 2022 and 4 March 2024, in class 3 (cosmetics and cleaning), class 16 (paper, printing and stationery) and class 30 (staples, spices and confectionery), by Breathing Earth Packaging Private Limited, Bux Agro LLP and an individual applicant. Of these, 1 is a logo whose text we read as "BREATHING EARTH". The opposition windows have closed.

3 applications named BREATHING EARTH

ApplicationClassApplicantFiledAdvertisedOpposition
6229952logo mark 16Paper, printing and stationery Breathing Earth Packaging Private Limited 22 December 2023 No. 21464 March 2024 closed4 July 2024
5433889BREATHING EARTH 3Cosmetics and cleaning Individual applicant (R. B. B.) 3 May 2022 No. 206118 July 2022 closed18 November 2022
5418642Breathing Earth 30Staples, spices and confectionery Bux Agro LLP 21 April 2022 No. 206118 July 2022 closed18 November 2022

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5433889

Cosmetics and personal care preparations, Bath soaps, Detergent soap, Detergent Powder, Cosmetic Products, Non- medicated hand wash, Shampoo, Conditioner, Hair Oil, Petroleum jelly for cosmetic purposes, Perfume, Talcum powder for cosmetic purposes

Proposed to be used · Mumbai office · full journal entry

Can I use or register "BREATHING EARTH"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 16 (paper, printing and stationery) and class 30 (staples, spices and confectionery), 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. "BREATHING EARTH" appears in 3 classes; the other 42 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 BREATHING EARTH

Is BREATHING EARTH a registered trademark?

BREATHING EARTH has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 4 March 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 BREATHING EARTH trademark?

As advertised: Breathing Earth Packaging Private Limited; Bux Agro LLP; plus 1 individual applicant.

Can I register a trademark similar to BREATHING EARTH?

Not for the same or related goods in class 3, class 16, class 30: 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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