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Is ERVAMATIN trademarked in India?

2 applications advertised in the Trade Marks Journal · class 3 · latest 20 November 2023

Yes, "ERVAMATIN" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 October 2022 and 20 November 2023, in class 3 (cosmetics and cleaning), by Opibra-Operacoes Internacionais Do Brasil Ltda and an individual applicant. Of these, 1 is a logo whose text we read as "ERVAMATIN". The opposition windows have closed.

2 applications named ERVAMATIN

ApplicationClassApplicantFiledAdvertisedOpposition
2329916logo mark 3Cosmetics and cleaning Opibra-Operacoes Internacionais Do Brasil Ltda 11 May 2012 No. 213120 November 2023 closed20 March 2024
5226280ERVAMATIN 3Cosmetics and cleaning Individual applicant (Z. N.) 29 November 2021 No. 207524 October 2022 closed24 February 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 2329916

"COSMETICS (HAIR LOTION AND SHAMPOO)".

Proposed to be used · Delhi office · full journal entry

Class 3: Cosmetics and cleaning · application 5226280

HAIR LOTION

Use claimed since 27/07/2021 · Chennai office · full journal entry

Can I use or register "ERVAMATIN"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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. "ERVAMATIN" 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 ERVAMATIN

Is ERVAMATIN a registered trademark?

ERVAMATIN has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 20 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 ERVAMATIN trademark?

As advertised: Opibra-Operacoes Internacionais Do Brasil Ltda; plus 1 individual applicant.

Can I register a trademark similar to ERVAMATIN?

Not for the same or related goods in class 3: 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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