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Is KERASCALP trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 5 · latest 28 February 2022

Yes, "KERASCALP" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 28 February 2022, in class 3 (cosmetics and cleaning) and class 5 (pharmaceuticals and health), by A. Menarini Asia Pacific Holdings Pte LTD. The opposition windows have closed.

2 applications named KERASCALP

ApplicationClassApplicantFiledAdvertisedOpposition
5284263KERASCALP 3Cosmetics and cleaning A. Menarini Asia Pacific Holdings Pte LTD 13 January 2022 No. 204128 February 2022 closed28 June 2022
5284264KERASCALP 5Pharmaceuticals and health A. Menarini Asia Pacific Holdings Pte LTD 13 January 2022 No. 204128 February 2022 closed28 June 2022

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5284263

Non-medicated shampoos; non-medicated hair conditioners; non-medicated hair lotions; hair straightening preparations; hair care serums; hair dyes; hair colorants; hair waving preparations; hair spray; essential oils; hair oils; non-medicated cosmetics and toiletry preparations

Proposed to be used · Mumbai office · full journal entry

Class 5: Pharmaceuticals and health · application 5284264

Medicated shampoos; medicated hair lotions; medicinal hair growth preparations; medicated shampoos; medicated hair growth stimulants; serums; pharmaceutical and medicinal preparations and dietary supplements in relation to hair growth, skin care and dandruff treatment; medicated toiletry preparations

Proposed to be used · Mumbai office · full journal entry

Can I use or register "KERASCALP"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 5 (pharmaceuticals and health), 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. "KERASCALP" 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.

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Questions about KERASCALP

Is KERASCALP a registered trademark?

KERASCALP has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 28 February 2022). 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 KERASCALP trademark?

As advertised: A. Menarini Asia Pacific Holdings Pte LTD.

Can I register a trademark similar to KERASCALP?

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