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Is Clear Align trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 35, 44 · latest 19 February 2024

Yes, "Clear Align" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 2 October 2023 and 19 February 2024, in class 35 (advertising, business and retail) and class 44 (medical, beauty and agricultural services), by 2 individual applicants. The opposition windows have closed.

2 applications named Clear Align

ApplicationClassApplicantFiledAdvertisedOpposition
5885036Clear Align 35Advertising, business and retail Individual applicant (P. P. B.) 8 April 2023 No. 214419 February 2024 closed19 June 2024
5877302Clear Align 44Medical, beauty and agricultural services Individual applicant (P. P. B.) 3 April 2023 No. 21242 October 2023 closed2 February 2024

Goods and services claimed

Class 35: Advertising, business and retail · application 5885036

Advertising; Advertising services; Classified advertising; Advertising consultancy; Online advertising; Marketing; Marketing consultancy; Marketing information; Digital marketing; Direct marketing; Online marketing

Proposed to be used · Chennai office · full journal entry

Class 44: Medical, beauty and agricultural services · application 5877302

Dental clinic services; Dental hygienist services; Dental implant surgery services; Dental fluoride treatment services; Dental root canal treatment services; Medical tourism services in the nature of dental care, medical and surgical services

Proposed to be used · Chennai office · full journal entry

Can I use or register "Clear Align"?

For the same or related goods, probably not. In class 35 (advertising, business and retail) 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 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. "Clear Align" 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).

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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 Clear Align

Is Clear Align a registered trademark?

Clear Align has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 19 February 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 Clear Align trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to Clear Align?

Not for the same or related goods in class 35, 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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