2 applications named FOSTER'S
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 6307718FOSTER'S | 32Beverages, non-alcoholic | Mount Shivalik Industries Limited | 18 February 2024 | No. 21518 April 2024 | closed8 August 2024 |
| 5626067FOSTER'S | 33Alcoholic beverages | Kals Breweries Private Limited | 27 September 2022 | No. 21518 April 2024 | closed8 August 2024 |
Goods and services claimed
Class 32: Beverages, non-alcoholic · application 6307718
BEERS; NON-ALCOHOLIC BEVERAGES; MINERAL AND AERATED WATERS; FRUIT BEVERAGES AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING NON-ALCOHOLIC BEVERAGES.
Proposed to be used · Chennai office · full journal entry
Class 33: Alcoholic beverages · application 5626067
ALCOHOLIC BEVERAGES, EXCEPT BEERS; ALCOHOLIC PREPARATIONS FOR MAKING BEVERAGES; LIQUORS [ALCOHOLIC BEVERAGES]; BRANDY; WHISKY; RUM; GIN; VODKA
Proposed to be used · Chennai office · full journal entry
Can I use or register "FOSTER'S"?
For the same or related goods, probably not. In class 32 (beverages, non-alcoholic) and class 33 (alcoholic beverages), 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 30 (staples, spices and confectionery), class 29 (meat, dairy and processed food), class 43 (food services and accommodation) and class 35 (advertising, business and retail), 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. "FOSTER'S" 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 3 similar names in the same classes (below).
Similar names in the journal
- FOSTERSsame letters, spaced differently · class 33 (Alcoholic beverages) · Kals Breweries Private Limited
- FOSTER'S BOLTcontains the name · class 32 (Beverages, non-alcoholic) · Kals Breweries Private Limited
- OSTERcontains the name · class 30 (Staples, spices and confectionery) · Proprietor of Madhu Food Products
- FOSTER'S SPECIAL MALTED BEERcontains the name · class 32 (Beverages, non-alcoholic) · Kals Breweries Private Limited
- FOSTERcontains the name · class 1 (Chemicals) · Linkforce Marketing Private Limited
- FOSTER LIFESCIENCEsimilar spelling · class 44 (Medical, beauty and agricultural services) · Individual applicant (A. K.)
- FOSTER KABBYsimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (M. K.)
- FLINT FOSTERsimilar spelling · class 19 (Building materials) · Jd Hardscapes Private Limited
- Foster Petersimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (D.)
- FOSTER BOOKSsimilar spelling · class 41 (Education and entertainment) · Individual applicant (V. K.)
- FOSTER PEONEZ logosimilar spelling · class 9 (Electronics and software) · Individual applicant (D. S.)
- Wealth Foster logosimilar spelling · class 36 (Finance, insurance and real estate) · Wealth Foster
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about FOSTER'S
Is FOSTER'S a registered trademark?
FOSTER'S has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 8 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 FOSTER'S trademark?
As advertised: Mount Shivalik Industries Limited; Kals Breweries Private Limited.
Can I register a trademark similar to FOSTER'S?
Not for the same or related goods in class 32, class 33: 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.