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Is EARTHODOX trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 35 · latest 27 November 2023

Yes, "EARTHODOX" 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 27 November 2023, in class 3 (cosmetics and cleaning) and class 35 (advertising, business and retail), by Rusan International. Of these, 1 is a logo whose text we read as "EARTHODOX". The opposition windows have closed.

2 applications named EARTHODOX

ApplicationClassApplicantFiledAdvertisedOpposition
6166303EARTHODOX 3Cosmetics and cleaning Rusan International 27 October 2023 No. 213227 November 2023 closed27 March 2024
5798567logo mark 35Advertising, business and retail Rusan International 8 February 2023 No. 21242 October 2023 closed2 February 2024

Goods and services claimed

Class 3: Cosmetics and cleaning · application 6166303

Shampoo, Shampoo conditioners, Hair shampoo, Shampoo bars, Baby shampoo, Dandruff shampoo, Dry shampoos,Non- medicated shampoo, Shampoos for personal use, 3-in-1 hair shampoo, Hair oil, Hair styling oil, Hair fixing oil, Oils for hair conditioning, Oil baths for hair care, Hair care preparations consisting of organic coconut virgin oil and coconut virgin oil, Perfumery, essential oils, cosmetics, Herbal cosmetics…

Use claimed since 09/05/2023 · Ahmedabad office · full journal entry

Class 35: Advertising, business and retail · application 5798567

Online retail store services relating to cosmetic and beauty products, Mail order retail services for cosmetics, Retail services in relation to hair products, Retail services in relation to beauty implements for humans, Retail services in relation to hygienic implements for humans, Wholesale services in relation to cutlery, Wholesale services in relation to beauty implements for humans, Marketing research in the…

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "EARTHODOX"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 35 (advertising, business and retail), 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 9 (electronics and software), 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. "EARTHODOX" 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 EARTHODOX

Is EARTHODOX a registered trademark?

EARTHODOX has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 27 November 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 EARTHODOX trademark?

As advertised: Rusan International.

Can I register a trademark similar to EARTHODOX?

Not for the same or related goods in class 3, class 35: 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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