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Is Herb-Aid trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 10 · latest 13 November 2023

Yes, "Herb-Aid" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 23 October 2023 and 13 November 2023, in class 5 (pharmaceuticals and health) and class 10 (medical devices), by Pantheon Pharmchem. The opposition windows have closed.

2 applications named Herb-Aid

ApplicationClassApplicantFiledAdvertisedOpposition
5852301Herb-Aid 10Medical devices Pantheon Pharmchem 17 March 2023 No. 213013 November 2023 closed13 March 2024
5852302Herb-Aid 5Pharmaceuticals and health Pantheon Pharmchem 17 March 2023 No. 212723 October 2023 closed23 February 2024

Goods and services claimed

Class 10: Medical devices · application 5852301

HEATING AND COOLING CUSHIONS AND PADS FOR MEDICAL PURPOSES, KNEE BANDAGES, ORTHOPAEDIC, KNEE BANDAGES AND SUPPORT, KNEE, ELBOW, ANKLE, BACK AND NECK ORTHOPEDIC BANDAGES AND SUPPORT, BANDAGES AND SUPPORT OF ALL TYPES INCLUDED IN CLASS 10, KNEE BRACES, WARMING AND COOLING ORTHOPEDIC ARTICLES, THERMAL PACKS FOR FIRST AID PURPOSES, THERMAL ORTHOPAEDIC BELTS / ORTHOPEDIC BELTS.

Proposed to be used · Mumbai office · full journal entry

Class 5: Pharmaceuticals and health · application 5852302

MEDICATED SUPPORT BANDAGES AND PADS, HERBAL COMPOSITIONS, COMPOSITIONS INCLUDING TOPICAL HERBAL FOR PROVIDING HEAT.

Proposed to be used · Mumbai office · full journal entry

Can I use or register "Herb-Aid"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and class 10 (medical devices), 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 30 (staples, spices and confectionery), class 44 (medical, beauty and agricultural services) and class 9 (electronics and software), 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. "Herb-Aid" 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).

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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 Herb-Aid

Is Herb-Aid a registered trademark?

Herb-Aid has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 13 November 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 Herb-Aid trademark?

As advertised: Pantheon Pharmchem.

Can I register a trademark similar to Herb-Aid?

Not for the same or related goods in class 5, class 10: 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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