2 applications named MARK-OUT
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5464419MARK-OUT | 5Pharmaceuticals and health | Smyzax Pharmaceutical Private Limited | 26 May 2022 | No. 208426 December 2022 | closed26 April 2023 |
| 5446745MARK OUT | 25Clothing, footwear and headwear | Individual applicant (M. R.) | 13 May 2022 | No. 206622 August 2022 | closed22 December 2022 |
Goods and services claimed
Class 5: Pharmaceuticals and health · application 5464419
MEDICINAL & PHARMACEUTICAL PREPARATIONS AND VETERINARY PREPARATIONS
Use claimed since 15/05/2022 · Delhi office · full journal entry
Class 25: Clothing, footwear and headwear · application 5446745
READYMADE GARMENTS,HOSIERY ITEMS,UNDER GARMENTS, FOOT WEAR, IN CLASS-25
Proposed to be used · Delhi office · full journal entry
Can I use or register "MARK-OUT"?
For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and class 25 (clothing, footwear and headwear), 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. "MARK-OUT" 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 1 similar name in the same class (below).
Similar names in the journal
- MARKO logocontains the name · class 5 (Pharmaceuticals and health) · Genetic Organics PVT. LTD
- NOT OUT Marketingsimilar spelling · class 35 (Advertising, business and retail) · Not Out Marketing LLP
- MARKS OUTsimilar spelling · class 3 (Cosmetics and cleaning) · Hahnemann Pure Drug Co.
- MARK ORTHOsimilar spelling · class 10 (Medical devices) · Mark Ortho Care PVT. LTD.,
- BARK OUT LOUDsimilar spelling · class 31 (Fresh produce and agriculture) · Vivaldis Health And Foods Private Limited
- MARK OF SAINTsimilar spelling · class 99 () · Individual applicant (S. P. R.)
- MARK ONEsimilar spelling · class 12 (Vehicles) · Individual applicant (P. J.)
- MARK OF logosimilar spelling · class 21 (Household and kitchenware) · Proprietor of Ranakpur Steel
- Mark of elegance logosimilar spelling · class 24 (Textiles and fabrics) · Akr Clothing Private Limited
- Mark of purity logosimilar spelling · class 29 (Meat, dairy and processed food) · Individual applicant (R. S.)
- mark of TRUST logosimilar spelling · class 9 (Electronics and software) · Individual applicant (T. S. L.)
- THE MARK OF TRUST logosimilar spelling · class 39 (Transport, logistics and travel) · Jw Ventures Private Limited
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about MARK-OUT
Is MARK-OUT a registered trademark?
MARK-OUT has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 26 December 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 MARK-OUT trademark?
As advertised: Smyzax Pharmaceutical Private Limited; plus 1 individual applicant.
Can I register a trademark similar to MARK-OUT?
Not for the same or related goods in class 5, class 25: 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.