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Is HERBAWISH trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 3, 5, 30 · latest 20 March 2023

Yes, "HERBAWISH" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 7 March 2022 and 20 March 2023, in class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), by Proprietor of Medpro Biotech and 2 individual applicants. The opposition windows have closed.

3 applications named HERBAWISH

ApplicationClassApplicantFiledAdvertisedOpposition
5617277HERBAWISH 3Cosmetics and cleaning Individual applicant (A. K.) 20 September 2022 No. 209620 March 2023 closed20 July 2023
5617278HERBAWISH 30Staples, spices and confectionery Individual applicant (A. K.) 20 September 2022 No. 209620 March 2023 closed20 July 2023
5160293HERBAWISH 5Pharmaceuticals and health Proprietor of Medpro Biotech 5 October 2021 No. 20427 March 2022 closed7 July 2022

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5160293

Pharmaceutical, Medicinal, Veterinary and Ayurvedic preparations and substances; Dietetic food and substances adapted for medical use; Dietary supplements for humans; Nutritional supplements; Herbal supplements; Vitamin, Mineral and Protein supplements; Nutraceutical preparations for therapeutic or medical purposes; Nutraceuticals for use as dietary supplements; Disinfectants.

Use claimed since 12/09/2020 · Delhi office · full journal entry

Can I use or register "HERBAWISH"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), 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 21 (household and kitchenware), class 44 (medical, beauty and agricultural services), class 35 (advertising, business and retail) and class 10 (medical devices), 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. "HERBAWISH" 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 HERBAWISH

Is HERBAWISH a registered trademark?

HERBAWISH has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 20 March 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 HERBAWISH trademark?

As advertised: Proprietor of Medpro Biotech; plus 2 individual applicants.

Can I register a trademark similar to HERBAWISH?

Not for the same or related goods in class 3, class 5, class 30: 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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