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Is cocoThumb trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 31, 32 · latest 27 December 2021

Yes, "cocoThumb" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 20 December 2021 and 27 December 2021, in class 31 (fresh produce and agriculture) and class 32 (beverages, non-alcoholic), by Secretkeys PVT LTD. The opposition windows have closed.

2 applications named cocoThumb

ApplicationClassApplicantFiledAdvertisedOpposition
5118389cocoThumb 32Beverages, non-alcoholic Secretkeys PVT LTD 4 September 2021 No. 203227 December 2021 closed27 April 2022
5044010cocoThumb 31Fresh produce and agriculture Secretkeys PVT LTD 14 July 2021 No. 203120 December 2021 closed20 April 2022

Can I use or register "cocoThumb"?

For the same or related goods, probably not. In class 31 (fresh produce and agriculture) and class 32 (beverages, non-alcoholic), 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 1 (chemicals), class 5 (pharmaceuticals and health), class 29 (meat, dairy and processed food) 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. "cocoThumb" 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.

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Questions about cocoThumb

Is cocoThumb a registered trademark?

cocoThumb has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 27 December 2021). 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 cocoThumb trademark?

As advertised: Secretkeys PVT LTD.

Can I register a trademark similar to cocoThumb?

Not for the same or related goods in class 31, class 32: 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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