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Is FITNESS FIRST trademarked in India?

6 applications advertised in the Trade Marks Journal · classes 25, 29, 30, 32, 35, 41 · latest 18 December 2023

Yes, "FITNESS FIRST" has been applied for as a trademark in India. 6 applications under this name were advertised in the Trade Marks Journal between 4 October 2021 and 18 December 2023, in class 25 (clothing, footwear and headwear), class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 32 (beverages, non-alcoholic), class 35 (advertising, business and retail) and class 41 (education and entertainment), by Proprietor of Tanvi Healthcare and 4 individual applicants. Of these, 2 are logos whose text we read as "FITNESS FIRST". The opposition windows have closed.

6 applications named FITNESS FIRST

ApplicationClassApplicantFiledAdvertisedOpposition
5482652FITNESS FIRST 32Beverages, non-alcoholic Individual applicant (M. N. P.) 9 June 2022 No. 213518 December 2023 closed18 April 2024
5817249logo mark 41Education and entertainment Individual applicant (J. C.) 20 February 2023 No. 212111 September 2023 closed11 January 2024
5482651FITNESS FIRST 35Advertising, business and retail Individual applicant (M. N. P.) 9 June 2022 No. 21167 August 2023 closed7 December 2023
5186724logo mark 25Clothing, footwear and headwear Individual applicant (H. D.) 25 October 2021 No. 209220 February 2023 closed20 June 2023
4438424FITNESS FIRST 29Meat, dairy and processed food Proprietor of Tanvi Healthcare 12 February 2020 No. 20204 October 2021 closed4 February 2022
4438417FITNESS FIRST 30Staples, spices and confectionery Proprietor of Tanvi Healthcare 12 February 2020 No. 20204 October 2021 closed4 February 2022

Goods and services claimed

Class 32: Beverages, non-alcoholic · application 5482652

Beers; Non-alcoholic beverages; Mineral and aerated waters; Fruit beverages and fruit juices; Syrups and other non- alcoholic preparations for making beverages

Proposed to be used · Ahmedabad office · full journal entry

Class 41: Education and entertainment · application 5817249

Supply and Installation of Gym equipment including interior maintenance of gym and related services etc.

Proposed to be used · Delhi office · full journal entry

Class 35: Advertising, business and retail · application 5482651

Services related to trading, selling through various channels viz. wholesale, retail, distributorship, marketing, import& export and doing business - for its various edible products; Business management, organization and administration; Office functions

Proposed to be used · Ahmedabad office · full journal entry

Class 25: Clothing, footwear and headwear · application 5186724

CLOTHING,FOOTWEAR, HEADGEAR REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE."FITNESS FIRST".

Proposed to be used · Chennai office · full journal entry

Class 29: Meat, dairy and processed food · application 4438424

IN RESPECT OF MEAT, FISH, POULTRY AND GAME; MEAT EXTRACTS; PRESERVED, FROZEN, DRIED AND COOKED FRUITS AND VEGETABLES; JELLIES, JAMS, COMPOTES; EGGS; MILK, CHEESE, BUTTER, YOGURT AND OTHER MILK PRODUCTS; OILS AND FATS FOR FOOD INCLUDED IN CLASS – 29.

Proposed to be used · Ahmedabad office · full journal entry

Class 30: Staples, spices and confectionery · application 4438417

IN RESPECT OF COFFEE, TEA, COCOA AND ARTIFICIAL COFFEE; RICE, PASTA AND NOODLES; TAPIOCA AND SAGO; FLOUR AND PREPARATIONS MADE FROM CEREALS; BREAD, PASTRIES AND CONFECTIONERY; CHOCOLATE; ICE CREAM, SORBETS AND OTHER EDIBLE ICES; SUGAR, HONEY, TREACLE; YEAST, BAKING-POWDER; SALT, SEASONINGS, SPICES, PRESERVED HERBS; VINEGAR, SAUCES AND OTHER CONDIMENTS; ICE [FROZEN WATER] INCLUDED IN CLASS – 30.

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "FITNESS FIRST"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear), class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 32 (beverages, non-alcoholic), class 35 (advertising, business and retail) and class 41 (education and entertainment), 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 31 (fresh produce and agriculture), 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. "FITNESS FIRST" appears in 6 classes; the other 39 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 8 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 FITNESS FIRST

Is FITNESS FIRST a registered trademark?

FITNESS FIRST has been applied for and advertised in the Trade Marks Journal (6 applications, latest on 18 December 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 FITNESS FIRST trademark?

As advertised: Proprietor of Tanvi Healthcare; plus 4 individual applicants.

Can I register a trademark similar to FITNESS FIRST?

Not for the same or related goods in class 25, class 29, class 30, class 32, class 35, class 41: 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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