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Is CYTOBRUSH trademarked in India?

2 applications advertised in the Trade Marks Journal · class 10 · latest 31 July 2023

Yes, "CYTOBRUSH" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 3 April 2023 and 31 July 2023, in class 10 (medical devices), by Biorad Medisys Private Limited and Biorad Medisys PVT.LTD. Of these, 1 is a logo whose text we read as "CYTOBRUSH". The opposition windows have closed.

2 applications named CYTOBRUSH

ApplicationClassApplicantFiledAdvertisedOpposition
5671683logo mark 10Medical devices Biorad Medisys Private Limited 7 November 2022 No. 211531 July 2023 closed1 December 2023
4733151CYTOBRUSH 10Medical devices Biorad Medisys PVT.LTD 5 November 2020 No. 20983 April 2023 closed3 August 2023

Goods and services claimed

Class 10: Medical devices · application 5671683

Medical Device namely, Cytology Brush products, as included in class 10.

Proposed to be used · Mumbai office · full journal entry

Class 10: Medical devices · application 4733151

Medical Device namely Cytology Brush products

Proposed to be used · Mumbai office · full journal entry

Can I use or register "CYTOBRUSH"?

For the same or related goods, probably not. In class 10 (medical devices), 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 44 (medical, beauty and agricultural services), class 9 (electronics and software) 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. "CYTOBRUSH" appears in 1 class; the other 44 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 CYTOBRUSH

Is CYTOBRUSH a registered trademark?

CYTOBRUSH has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 31 July 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 CYTOBRUSH trademark?

As advertised: Biorad Medisys Private Limited; Biorad Medisys PVT.LTD.

Can I register a trademark similar to CYTOBRUSH?

Not for the same or related goods in class 10: 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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