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Is Magic spark trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 41, 42 · latest 4 March 2024

Yes, "Magic spark" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 28 March 2022 and 4 March 2024, in class 41 (education and entertainment) and class 42 (software, it and design services), by 2 individual applicants. The opposition windows have closed.

2 applications named Magic spark

ApplicationClassApplicantFiledAdvertisedOpposition
5321534Magic spark 41Education and entertainment Individual applicant (R. R.) 9 February 2022 No. 21464 March 2024 closed4 July 2024
5321537Magic spark 42Software, IT and design services Individual applicant (R. R.) 9 February 2022 No. 204528 March 2022 closed28 July 2022

Goods and services claimed

Class 41: Education and entertainment · application 5321534

Production which includes creating audio visual content for all purposes REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OF THE WORDS "Magic” and “Spark" SEPARATELY AND IT IS A CONDITION OF REGISTRATION THAT THE MARK TO BE USED AS A WHOLE..

Use claimed since 10/01/2021 · Mumbai office · full journal entry

Class 42: Software, IT and design services · application 5321537

Designs : Graphic Design, Website Design, Mobile Application, Print and Packaging Design, Logo and Brand Design, User Interface, User Experience.

Use claimed since 10/01/2021 · Mumbai office · full journal entry

Can I use or register "Magic spark"?

For the same or related goods, probably not. In class 41 (education and entertainment) and class 42 (software, it and design services), 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 9 (electronics and software), class 16 (paper, printing and stationery), class 38 (telecommunications) 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. "Magic spark" 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 Magic spark

Is Magic spark a registered trademark?

Magic spark has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 4 March 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 Magic spark trademark?

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 We do not publish individuals' names.

Can I register a trademark similar to Magic spark?

Not for the same or related goods in class 41, class 42: 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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