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Is COLOR MAGIC trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 25 · latest 3 October 2022

Yes, "COLOR MAGIC" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 8 November 2021 and 3 October 2022, in class 3 (cosmetics and cleaning) and class 25 (clothing, footwear and headwear), by Turtle Wax, INC. and Proprietor of Saihan Enterprises. The opposition windows have closed.

2 applications named COLOR MAGIC

ApplicationClassApplicantFiledAdvertisedOpposition
4374716COLOR MAGIC 3Cosmetics and cleaning Turtle Wax, INC. 11 December 2019 No. 20723 October 2022 closed3 February 2023
5167296COLOR MAGIC 25Clothing, footwear and headwear Proprietor of Saihan Enterprises 9 October 2021 No. 20258 November 2021 closed8 March 2022

Goods and services claimed

Class 3: Cosmetics and cleaning · application 4374716

Preparations for cleaning, protecting and preserving vehicle surfaces including preparations for washing, polishing, shining; wax for automobiles; car wax. This application is for a word mark without regard to its graphical form..

Proposed to be used · Delhi office · full journal entry

Class 25: Clothing, footwear and headwear · application 5167296

CLOTHING

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "COLOR MAGIC"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 25 (clothing, footwear and headwear), 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. "COLOR MAGIC" 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 COLOR MAGIC

Is COLOR MAGIC a registered trademark?

COLOR MAGIC has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 3 October 2022). 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 COLOR MAGIC trademark?

As advertised: Turtle Wax, INC.; Proprietor of Saihan Enterprises.

Can I register a trademark similar to COLOR MAGIC?

Not for the same or related goods in class 3, class 25: 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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