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Is HERBIKA trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 35 · latest 10 April 2023

Yes, "HERBIKA" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 10 April 2023, in class 5 (pharmaceuticals and health) and class 35 (advertising, business and retail), by Herbika Herbals Private Limited. The opposition windows have closed.

2 applications named HERBIKA

ApplicationClassApplicantFiledAdvertisedOpposition
5572951HERBIKA 5Pharmaceuticals and health Herbika Herbals Private Limited 18 August 2022 No. 209910 April 2023 closed10 August 2023
5572952HERBIKA 35Advertising, business and retail Herbika Herbals Private Limited 18 August 2022 No. 209910 April 2023 closed10 August 2023

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5572951

PHARMACEUTICALS INCLUDING PHARMACEUTICAL PREPARATIONS; PHARMACEUTICAL PREPARATIONS FOR SKIN CARE; PHARMACEUTICAL PREPARATIONS FOR TREATING DANDRUFF; PHARMACEUTICAL PREPARATIONS FOR TREATING SUNBURN, MEDICAL AND VETERINARY PREPARATIONS INCLUDING MEDICATED AFTER-SHAVE LOTIONS; MEDICATED ANIMAL FEED; MEDICATED DENTIFRICES; MEDICATED DRY SHAMPOOS; MEDICATED EYE-WASHES; MEDICATED HAIR LOTIONS; MEDICATED SHAMPOOS…

Use claimed since 14/03/1996 · Delhi office · full journal entry

Class 35: Advertising, business and retail · application 5572952

RETAIL SERVICES FOR PHARMACEUTICAL, NUTRACEUTICALS AND MEDICAL SUPPLIES; ADVERTISING INCLUDING ONLINE ADVERTISING, RADIO ADVERTISING, OUTDOOR ADVERTISING; BUSINESS MANAGEMENT; BUSINESS ADMINISTRATION; OFFICE FUNCTIONS; MARKETING; ONLINE ADVERTISING ON A COMPUTER NETWORK ALL BEING SERVICES INCLUDED IN CLASS 35.

Use claimed since 14/03/1996 · Delhi office · full journal entry

Can I use or register "HERBIKA"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural services), 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. "HERBIKA" 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 HERBIKA

Is HERBIKA a registered trademark?

HERBIKA has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 10 April 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 HERBIKA trademark?

As advertised: Herbika Herbals Private Limited.

Can I register a trademark similar to HERBIKA?

Not for the same or related goods in class 5, 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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