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Is ESPIRITO trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 25, 35 · latest 24 July 2023

Yes, "ESPIRITO" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 27 June 2022 and 24 July 2023, in class 25 (clothing, footwear and headwear) and class 35 (advertising, business and retail), by Visalakshi Marketing Private Limited and Proprietor of Rr Global And Co. Of these, 1 is a logo whose text we read as "ESPIRITO". The opposition windows have closed.

2 applications named ESPIRITO

ApplicationClassApplicantFiledAdvertisedOpposition
5288512logo mark 35Advertising, business and retail Visalakshi Marketing Private Limited 17 January 2022 No. 211424 July 2023 closed24 November 2023
5403504ESPIRITO 25Clothing, footwear and headwear Proprietor of Rr Global And Co 9 April 2022 No. 205827 June 2022 closed27 October 2022

Goods and services claimed

Class 35: Advertising, business and retail · application 5288512

Retail and Wholesale Store For Alcoholic & Non-Alcoholic Beverages, Import, Export, Marketing, Advertising, Distribution, Online Retail & Wholesale Store Services, Business management, organization and administration

Proposed to be used · Chennai office · full journal entry

Class 25: Clothing, footwear and headwear · application 5403504

CLOTH AND READYMADE GARMENTS

Use claimed since 01/04/2022 · Kolkata office · full journal entry

Can I use or register "ESPIRITO"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear) 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 18 (leather, bags and luggage), class 24 (textiles and fabrics), class 14 (jewellery and watches) 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. "ESPIRITO" 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 4 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 ESPIRITO

Is ESPIRITO a registered trademark?

ESPIRITO has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 24 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 ESPIRITO trademark?

As advertised: Visalakshi Marketing Private Limited; Proprietor of Rr Global And Co.

Can I register a trademark similar to ESPIRITO?

Not for the same or related goods in class 25, 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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