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Is HERBAL MACHINE trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 35 · latest 1 April 2024

Yes, "HERBAL MACHINE" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 11 March 2024 and 1 April 2024, in class 3 (cosmetics and cleaning) and class 35 (advertising, business and retail), by 2 individual applicants. The opposition windows have closed.

2 applications named HERBAL MACHINE

ApplicationClassApplicantFiledAdvertisedOpposition
5346048HERBAL MACHINE 35Advertising, business and retail Individual applicant (M. C.) 25 February 2022 No. 21501 April 2024 closed1 August 2024
5346047HERBAL MACHINE 3Cosmetics and cleaning Individual applicant (M. C.) 25 February 2022 No. 214711 March 2024 closed11 July 2024

Goods and services claimed

Class 35: Advertising, business and retail · application 5346048

Advertisement, marketing, trading of Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations

Proposed to be used · Mumbai office · full journal entry

Class 3: Cosmetics and cleaning · application 5346047

Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations Registration of this trade mark shall give no right to the exclusive use of the terms separately and mark shall be used as whole..

Proposed to be used · Mumbai office · full journal entry

Can I use or register "HERBAL MACHINE"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 35 (advertising, business and retail), 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 5 (pharmaceuticals and health), class 21 (household and kitchenware), 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. "HERBAL MACHINE" 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 5 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 HERBAL MACHINE

Is HERBAL MACHINE a registered trademark?

HERBAL MACHINE has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 1 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 HERBAL MACHINE trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to HERBAL MACHINE?

Not for the same or related goods in class 3, class 35: 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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