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Is BROKEN HEART trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 25, 33, 43 · latest 22 April 2024

Yes, "BROKEN HEART" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 10 July 2023 and 22 April 2024, in class 25 (clothing, footwear and headwear), class 33 (alcoholic beverages) and class 43 (food services and accommodation), by Eston Roman Brewery And Distillery Private Limited and 2 individual applicants. Of these, 1 is a logo whose text we read as "BROKEN HEART". The opposition windows have closed.

3 applications named BROKEN HEART

ApplicationClassApplicantFiledAdvertisedOpposition
6341240logo mark 25Clothing, footwear and headwear Individual applicant (B. S. O.) 11 March 2024 No. 215322 April 2024 closed22 August 2024
6289600BROKEN HEART 33Alcoholic beverages Eston Roman Brewery And Distillery Private Limited 6 February 2024 No. 214818 March 2024 closed18 July 2024
5741011Broken Heart 43Food services and accommodation Individual applicant (J. K. R.) 28 December 2022 No. 211210 July 2023 closed10 November 2023

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 6341240

Clothing for men, women and children, Footwear , Headwear

Proposed to be used · Mumbai office · full journal entry

Class 33: Alcoholic beverages · application 6289600

Alcoholic beverages

Proposed to be used · Mumbai office · full journal entry

Class 43: Food services and accommodation · application 5741011

Restaurant services; Hotel restaurant services; Fast-food restaurant services; Hotel and restaurant services; Cafeteria and restaurant services; Restaurant and café services; Fast-food restaurant services; Food preparation; Food preparation services; Providing food and beverages; Food and drink catering; Serving of food and beverages; Food and drink preparation services; Take-away food services; Take-out food…

Proposed to be used · Delhi office · full journal entry

Can I use or register "BROKEN HEART"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear), class 33 (alcoholic beverages) 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 35 (advertising, business and retail), class 18 (leather, bags and luggage), class 24 (textiles and fabrics) and class 14 (jewellery and watches), 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. "BROKEN HEART" 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.

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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 BROKEN HEART

Is BROKEN HEART a registered trademark?

BROKEN HEART has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 22 April 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 BROKEN HEART trademark?

As advertised: Eston Roman Brewery And Distillery Private Limited; plus 2 individual applicants.

Can I register a trademark similar to BROKEN HEART?

Not for the same or related goods in class 25, class 33, 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.

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