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Is HERBORICH trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 30 · latest 11 December 2023

Yes, "HERBORICH" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 17 July 2023 and 11 December 2023, in class 3 (cosmetics and cleaning) and class 30 (staples, spices and confectionery), by Proprietor of Everest Pharma and Proprietor of Rvk Samruddh Healthy Foods. The opposition windows have closed.

2 applications named HERBORICH

ApplicationClassApplicantFiledAdvertisedOpposition
6148965HERBORICH 3Cosmetics and cleaning Proprietor of Everest Pharma 14 October 2023 No. 213411 December 2023 closed11 April 2024
5661545HERBORICH 30Staples, spices and confectionery Proprietor of Rvk Samruddh Healthy Foods 27 October 2022 No. 211317 July 2023 closed17 November 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 6148965

BATH SOAPS, NON-MEDICATED SOAP PRODUCTS, HAIR CLEANING LIQUID SOAP, NON-MEDICATED HAND SOAPS, NON-MEDICATED FACIAL SOAPS, NON-MEDICATED BODY SOAPS, NON-MEDICATED TOILETS SOAPS, SOAP IN GEL FORM, SOAP FOR HOUSE HOLD PURPOSE, HAIR NOURISH PREPARATION, HAIR CARE LOTION, HAIR CARE CREAM, HAIR MUISTURING CONDITIONERS, HAIR CLEANING PREPARATION, HAIR STYLING SPRAYS, HAIR STYLING GELS, HAIR SHAMPOOS AND CONDITIONERS…

Proposed to be used · Mumbai office · full journal entry

Class 30: Staples, spices and confectionery · application 5661545

FLOUR AND PREPARATIONS MADE FROM CEREALS, MALT-BASED FOOD PREPARATIONS, RAGI MALT, SPICES, WHEAT, CEREAL, GRAIN, RICE-BASED SNACK FOODS, PROCESSED CEREAL-BASED FOOD TO BE USED AS A BREAKFAST FOOD, SNACK FOOD OR INGREDIENT FOR MAKING OTHER FOODS, PROCESSED CEREALS FOR FOOD FOR HUMAN CONSUMPTION, HERBAL TEA

Proposed to be used · Mumbai office · full journal entry

Can I use or register "HERBORICH"?

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

Is HERBORICH a registered trademark?

HERBORICH has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 11 December 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 HERBORICH trademark?

As advertised: Proprietor of Everest Pharma; Proprietor of Rvk Samruddh Healthy Foods.

Can I register a trademark similar to HERBORICH?

Not for the same or related goods in class 3, 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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