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Is FIXMARK trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 5, 35, 37 · latest 29 April 2024

Yes, "FIXMARK" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 4 September 2023 and 29 April 2024, in class 5 (pharmaceuticals and health), class 35 (advertising, business and retail) and class 37 (construction, installation and repair), by Den Mark Pharmaceuticals Private Limited and Fixmark Infra India Private Limited. The opposition windows have closed.

3 applications named FIXMARK

ApplicationClassApplicantFiledAdvertisedOpposition
5631867FIXMARK 5Pharmaceuticals and health Den Mark Pharmaceuticals Private Limited 30 September 2022 No. 215429 April 2024 closed29 August 2024
4805487FIXMARK 35Advertising, business and retail Fixmark Infra India Private Limited 2 January 2021 No. 21204 September 2023 closed4 January 2024
4805488FIXMARK 37Construction, installation and repair Fixmark Infra India Private Limited 2 January 2021 No. 21204 September 2023 closed4 January 2024

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5631867

MEDICINAL & PHARMACEUTICAL PREPARATIONS INCLUDED IN CLASS 05

Proposed to be used · Mumbai office · full journal entry

Class 35: Advertising, business and retail · application 4805487

Advertising; business management; business administration; office functions; business project management services for construction projects as included in class 35.

Proposed to be used · Mumbai office · full journal entry

Class 37: Construction, installation and repair · application 4805488

Construction services; installation and repair services; mining extraction, oil and gas drilling; construction consultancy; drilling of deep oil or gas wells; drilling of wells as included in class 37.

Proposed to be used · Mumbai office · full journal entry

Can I use or register "FIXMARK"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health), class 35 (advertising, business and retail) and class 37 (construction, installation and repair), 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural services), 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. "FIXMARK" 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 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 FIXMARK

Is FIXMARK a registered trademark?

FIXMARK has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 29 April 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 FIXMARK trademark?

As advertised: Den Mark Pharmaceuticals Private Limited; Fixmark Infra India Private Limited.

Can I register a trademark similar to FIXMARK?

Not for the same or related goods in class 5, class 35, class 37: 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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