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Is FERTIGATE trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 1, 5, 44 · latest 19 February 2024

Yes, "FERTIGATE" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 9 October 2023 and 19 February 2024, in class 1 (chemicals), class 5 (pharmaceuticals and health) and class 44 (medical, beauty and agricultural services), by 3 individual applicants. Of these, 1 is a logo whose text we read as "FERTIGATE". The opposition windows have closed.

3 applications named FERTIGATE

ApplicationClassApplicantFiledAdvertisedOpposition
4895213logo mark 44Medical, beauty and agricultural services Individual applicant (P. P. G.) 9 March 2021 No. 214419 February 2024 closed19 June 2024
5945709FERTIGATE 5Pharmaceuticals and health Individual applicant (S. B. S.) 20 May 2023 No. 212830 October 2023 closed1 March 2024
5945708FERTIGATE 1Chemicals Individual applicant (S. B. S.) 20 May 2023 No. 21259 October 2023 closed9 February 2024

Goods and services claimed

Class 44: Medical, beauty and agricultural services · application 4895213

Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, aquaculture, horticulture and forestry services

Proposed to be used · Mumbai office · full journal entry

Class 5: Pharmaceuticals and health · application 5945709

PHARMACEUTICAL, VETERINARY AND SANITARY PREPARATIONS; DIETETIC SUBSTANCES ADAPTED FOR MEDICAL USE, FOOD FOR BABIES; PLASTERS, MATERIALS FOR DRESSINGS; MATERIALS FOR STOPPING TEETH, DENTAL WAX; DISINFECTANTS; PREPARATION FOR DESTROYING VERMIN; FUNGICIDES, HERBICIDES

Proposed to be used · Mumbai office · full journal entry

Class 1: Chemicals · application 5945708

CHEMICAL USED IN INDUSTRY, SCIENCE, PHOTOGRAPHY, AGRICULTURE, HORTICULTURE AND FORESTRY; UNPROCESSED ARTIFICIAL RESINS, UNPROCESSED PLASTICS; MANURES; FIRE EXTINGUISHING COMPOSITIONS; TEMPERING AND SOLDERING PREPARATIONS; CHEMICAL SUBSTANCES FOR PRESERVING FOODSTUFFS; TANNING SUBSTANCES; ADHESIVE USED IN INDUSTRY

Proposed to be used · Mumbai office · full journal entry

Can I use or register "FERTIGATE"?

For the same or related goods, probably not. In class 1 (chemicals), class 5 (pharmaceuticals and health) and class 44 (medical, beauty and agricultural services), 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 35 (advertising, business and retail), class 31 (fresh produce and agriculture), class 3 (cosmetics and cleaning) and class 10 (medical devices), 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. "FERTIGATE" appears in 3 classes; the other 42 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 FERTIGATE

Is FERTIGATE a registered trademark?

FERTIGATE has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 19 February 2024). 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 FERTIGATE trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to FERTIGATE?

Not for the same or related goods in class 1, class 5, class 44: 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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