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Is Epipen UP trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 10 · latest 28 August 2023

Yes, "Epipen UP" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 22 May 2023 and 28 August 2023, in class 5 (pharmaceuticals and health) and class 10 (medical devices), by Mylan INC.. The opposition windows have closed.

2 applications named Epipen UP

ApplicationClassApplicantFiledAdvertisedOpposition
5758091Epipen UP 10Medical devices Mylan INC. 10 January 2023 No. 211928 August 2023 closed28 December 2023
5758090Epipen UP 5Pharmaceuticals and health Mylan INC. 10 January 2023 No. 210522 May 2023 closed22 September 2023

Goods and services claimed

Class 10: Medical devices · application 5758091

Medical fluid injectors

Proposed to be used · Delhi office · full journal entry

Class 5: Pharmaceuticals and health · application 5758090

Injectable pharmaceuticals for treatment of anaphylactic reactions.

Proposed to be used · Delhi office · full journal entry

Can I use or register "Epipen UP"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and 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 3 (cosmetics and cleaning), class 30 (staples, spices and confectionery), 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. "Epipen UP" 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 3 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 Epipen UP

Is Epipen UP a registered trademark?

Epipen UP has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 28 August 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 Epipen UP trademark?

As advertised: Mylan INC..

Can I register a trademark similar to Epipen UP?

Not for the same or related goods in class 5, 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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