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Is Heartwell trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 42, 44 · latest 8 January 2024

Yes, "Heartwell" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 5 June 2023 and 8 January 2024, in class 42 (software, it and design services) and class 44 (medical, beauty and agricultural services), by Shunyuan Kaihua (Beijing) Technology Co., LTD.. The opposition windows have closed.

2 applications named Heartwell

ApplicationClassApplicantFiledAdvertisedOpposition
4548619Heartwell 44Medical, beauty and agricultural services Shunyuan Kaihua (Beijing) Technology Co., LTD. 29 June 2020 No. 21388 January 2024 closed8 May 2024
4548478Heartwell 42Software, IT and design services Shunyuan Kaihua (Beijing) Technology Co., LTD. 29 June 2020 No. 21075 June 2023 closed5 October 2023

Goods and services claimed

Class 44: Medical, beauty and agricultural services · application 4548619

Health care; Telemedicine services; Medical consultations; Health counselling; Dietary and nutritional guidance; Pharmacy advice; Medical testing services, namely, fitness evaluation; Medical information services provided via the Internet; Medical evaluation services; Remote monitoring of data indicative of health or physical condition. REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE…

Proposed to be used · Delhi office · full journal entry

Class 42: Software, IT and design services · application 4548478

Software as a service [SaaS]; Consultancy in the design and development of computer hardware; Cloud computing; Electronic data storage; Platform as a service [PaaS]; Providing online non-downloadable computer software for tracking fitness, health and wellness goals and statistics; Providing online non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the…

Proposed to be used · Delhi office · full journal entry

Can I use or register "Heartwell"?

For the same or related goods, probably not. In class 42 (software, it and design services) 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 9 (electronics and software), class 35 (advertising, business and retail), class 38 (telecommunications) and class 41 (education and entertainment), 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. "Heartwell" 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 2 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 Heartwell

Is Heartwell a registered trademark?

Heartwell has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 8 January 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 Heartwell trademark?

As advertised: Shunyuan Kaihua (Beijing) Technology Co., LTD..

Can I register a trademark similar to Heartwell?

Not for the same or related goods in class 42, 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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