Is MAGICAL trademarked in India?

23 applications named MAGICAL

Goods and services claimed

Can I use or register "MAGICAL"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health), class 6 (metal goods), class 12 (vehicles), class 14 (jewellery and watches), class 20 (furniture), class 24 (textiles and fabrics), class 25 (clothing, footwear and headwear), class 30 (staples, spices and confectionery), class 32 (beverages, non-alcoholic), class 38 (telecommunications), class 39 (transport, logistics and travel), class 43 (food services and accommodation) and class 44 (medical, beauty and agricultural 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 21 (household and kitchenware), class 35 (advertising, business and retail), class 10 (medical devices) and class 19 (building materials), 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. "MAGICAL" appears in 14 classes; the other 31 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 7 similar names in the same classes (below).

Similar names in the journal

• BOTANICAL MAGIC logosame letters, spaced differently · class 3 (Cosmetics and cleaning) · Proprietor of Hryt Trading Co
• MAGIC AL logosame letters, spaced differently · class 14 (Jewellery and watches) · Individual applicant (M. T. P.)
• Magical Dinner Dustcontains the name · class 31 (Fresh produce and agriculture) · Drools Pet Food Private Limited
• Magical Routinescontains the name · class 41 (Education and entertainment) · Individual applicant (R. N.)
• SamtaMagiCalcontains the name · class 1 (Chemicals) · Gencrest Bio Products Private Limited
• MAGICcontains the name · class 41 (Education and entertainment) · Woodchip Gaming Private Liimited
• THE MAGICAL TOUCHcontains the name · class 44 (Medical, beauty and agricultural services) · Individual applicant (A. A. T.)
• YOUR MAGICAL HOLIDAY DESTINATIONcontains the name · class 43 (Food services and accommodation) · Mvm Club Private Limited
• Magical Freshcontains the name · class 3 (Cosmetics and cleaning) · Individual applicant (M. A.)
• TMFC, "The Magical Food Comapanycontains the name · class 30 (Staples, spices and confectionery) · Honest Innovations For You Private Limited
• THE MAGICAL HERBScontains the name · class 30 (Staples, spices and confectionery) · Individual applicant (V. C.)
• MAGICALLY FITcontains the name · class 35 (Advertising, business and retail) · Individual applicant (R. S.)

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about MAGICAL

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.