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Is Fertisal trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 1, 5 · latest 13 December 2021

Yes, "Fertisal" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 23 August 2021 and 13 December 2021, in class 1 (chemicals) and class 5 (pharmaceuticals and health), by Proprietor of Kem Agros and Aglukon SpezialdÜNger GMBH & Co. Kg. The opposition windows have closed.

2 applications named Fertisal

ApplicationClassApplicantFiledAdvertisedOpposition
5196987Fertisal 5Pharmaceuticals and health Proprietor of Kem Agros 1 November 2021 No. 203013 December 2021 closed13 April 2022
4987850FERTISAL 1Chemicals Aglukon SpezialdÜNger GMBH & Co. Kg 29 May 2021 No. 201423 August 2021 closed23 December 2021

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5196987

Pesticides

Proposed to be used · Chennai office · full journal entry

Class 1: Chemicals · application 4987850

Artificial and non-artificial special fertilizers in liquid or solid form

Proposed to be used · Delhi office · full journal entry

Can I use or register "Fertisal"?

For the same or related goods, probably not. In class 1 (chemicals) and class 5 (pharmaceuticals and health), 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. "Fertisal" 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 11 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 Fertisal

Is Fertisal a registered trademark?

Fertisal has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 13 December 2021). 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 Fertisal trademark?

As advertised: Proprietor of Kem Agros; Aglukon SpezialdÜNger GMBH & Co. Kg.

Can I register a trademark similar to Fertisal?

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