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Is DESSERT MIST trademarked in India?

4 applications advertised in the Trade Marks Journal · classes 29, 30, 32, 43 · latest 21 February 2022

Yes, "DESSERT MIST" has been applied for as a trademark in India. 4 applications under this name were advertised in the Trade Marks Journal on 21 February 2022, in class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 32 (beverages, non-alcoholic) and class 43 (food services and accommodation), by Teejan Foods Private LTD. The opposition windows have closed.

4 applications named DESSERT MIST

ApplicationClassApplicantFiledAdvertisedOpposition
5114069DESSERT MIST 29Meat, dairy and processed food Teejan Foods Private LTD 2 September 2021 No. 204021 February 2022 closed21 June 2022
5114070DESSERT MIST 30Staples, spices and confectionery Teejan Foods Private LTD 2 September 2021 No. 204021 February 2022 closed21 June 2022
5114071DESSERT MIST 32Beverages, non-alcoholic Teejan Foods Private LTD 2 September 2021 No. 204021 February 2022 closed21 June 2022
5114072DESSERT MIST 43Food services and accommodation Teejan Foods Private LTD 2 September 2021 No. 204021 February 2022 closed21 June 2022

Goods and services claimed

Class 29: Meat, dairy and processed food · application 5114069

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and milk products; edible oils and fats

Proposed to be used · Chennai office · full journal entry

Class 30: Staples, spices and confectionery · application 5114070

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Proposed to be used · Chennai office · full journal entry

Class 32: Beverages, non-alcoholic · application 5114071

Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Proposed to be used · Chennai office · full journal entry

Class 43: Food services and accommodation · application 5114072

Services for providing food and drink; temporary accommodation

Proposed to be used · Chennai office · full journal entry

Can I use or register "DESSERT MIST"?

For the same or related goods, probably not. In class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 32 (beverages, non-alcoholic) 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 31 (fresh produce and agriculture), class 35 (advertising, business and retail), class 33 (alcoholic beverages) 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. "DESSERT MIST" appears in 4 classes; the other 41 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 9 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 DESSERT MIST

Is DESSERT MIST a registered trademark?

DESSERT MIST has been applied for and advertised in the Trade Marks Journal (4 applications, latest on 21 February 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 DESSERT MIST trademark?

As advertised: Teejan Foods Private LTD.

Can I register a trademark similar to DESSERT MIST?

Not for the same or related goods in class 29, class 30, class 32, 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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