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Is Milka - Choco Bits trademarked in India?

1 application advertised in the Trade Marks Journal · class 30 · latest 29 April 2024

Yes, "Milka - Choco Bits" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 29 April 2024, in class 30 (staples, spices and confectionery), by Milka Nutriments Private Limited. The opposition window has closed.

1 application named Milka - Choco Bits

ApplicationClassApplicantFiledAdvertisedOpposition
5650504Milka - Choco Bits 30Staples, spices and confectionery Milka Nutriments Private Limited 17 October 2022 No. 215429 April 2024 closed29 August 2024

Goods and services claimed

Class 30: Staples, spices and confectionery · application 5650504

All kinds of Biscuits.

Use claimed since 14/07/2012 · Chennai office · full journal entry

Can I use or register "Milka - Choco Bits"?

For the same or related goods, probably not. In 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 29 (meat, dairy and processed food), class 32 (beverages, non-alcoholic), class 43 (food services and accommodation) 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. "Milka - Choco Bits" appears in 1 class; the other 44 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 Milka - Choco Bits

Is Milka - Choco Bits a registered trademark?

Milka - Choco Bits has been applied for and advertised in the Trade Marks Journal (1 application, latest on 29 April 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 Milka - Choco Bits trademark?

As advertised: Milka Nutriments Private Limited.

Can I register a trademark similar to Milka - Choco Bits?

Not for the same or related goods in 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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