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Is BRITISHPHYTO trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 35 · latest 16 October 2023

Yes, "BRITISHPHYTO" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 July 2023 and 16 October 2023, in class 5 (pharmaceuticals and health) and class 35 (advertising, business and retail), by Proprietor of British Phytonutrients. The opposition windows have closed.

2 applications named BRITISHPHYTO

ApplicationClassApplicantFiledAdvertisedOpposition
5730816BRITISHPHYTO 35Advertising, business and retail Proprietor of British Phytonutrients 21 December 2022 No. 212616 October 2023 closed16 February 2024
5730815BRITISHPHYTO 5Pharmaceuticals and health Proprietor of British Phytonutrients 21 December 2022 No. 211424 July 2023 closed24 November 2023

Goods and services claimed

Class 35: Advertising, business and retail · application 5730816

ADVERTISING SERVICES RELATING TO PHARMACEUTICALS; ADMINISTERING PHARMACY REIMBURSEMENT PROGRAMS AND SERVICES;ADVERTISING SERVICES RELATING TO PHARMACEUTICAL PRODUCTS; ADVERTISING RELATING TO PHARMACEUTICAL PRODUCTS AND IN-VIVO IMAGING PRODUCTS; ADVERTISING SERVICES RELATING TO PHARMACEUTICALS FOR THE TREATMENT OF DIABETES, RETAIL SERVICES IN RELATION TO PHARMACEUTICAL PREPARATIONS; RETAIL SERVICES FOR…

Use claimed since 04/04/2015 · Ahmedabad office · full journal entry

Class 5: Pharmaceuticals and health · application 5730815

PHARMACEUTICAL AND VETERINARY PREPARATIONS; SANITARY PREPARATIONS FOR MEDICAL PURPOSES; DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, DIETARY FOOD SUPPLEMENTS,HERBAL DIETARY SUPPLEMENTS FOR PERSONS SPECIAL DIETARY REQUIREMENTS , DIETARY SUPPLEMENTS, FOOD SUPPLEMENTS, PROTEIN SUPPLEMENTS, NUTRITIONAL SUPPLEMENTS, DIETARY SUPPLEMENT DRINKS, PROTEIN SUPPLEMENT SHAKES, GLUCOSE FOR MEDICAL PURPOSES, GLUCOSE FOR USE AS AN…

Use claimed since 04/04/2015 · Ahmedabad office · full journal entry

Can I use or register "BRITISHPHYTO"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural services), 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. "BRITISHPHYTO" 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 1 similar name in the same class (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 BRITISHPHYTO

Is BRITISHPHYTO a registered trademark?

BRITISHPHYTO has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 16 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 BRITISHPHYTO trademark?

As advertised: Proprietor of British Phytonutrients.

Can I register a trademark similar to BRITISHPHYTO?

Not for the same or related goods in class 5, 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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