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Is MILKY MOUNTAIN trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 29, 30 · latest 5 December 2022

Yes, "MILKY MOUNTAIN" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 6 September 2021 and 5 December 2022, in class 29 (meat, dairy and processed food) and class 30 (staples, spices and confectionery), by 2 individual applicants. The opposition windows have closed.

2 applications named MILKY MOUNTAIN

ApplicationClassApplicantFiledAdvertisedOpposition
5088226MILKY MOUNTAIN 29Meat, dairy and processed food Individual applicant (J. S.) 14 August 2021 No. 20815 December 2022 closed5 April 2023
5088347MILKY MOUNTAIN 30Staples, spices and confectionery Individual applicant (J. S.) 14 August 2021 No. 20166 September 2021 closed6 January 2022

Goods and services claimed

Class 29: Meat, dairy and processed food · application 5088226

Milk products; Dessert made of milk products; Dairy spread; Fruit spread; Dairy based whipping cream; Desserts made from milk substitutes; Dairy and Fruit Desserts; Milk Based Beverages; Preserved dried and cooked fruits and vegetables; jellies; jams included in class 29.

Proposed to be used · Chennai office · full journal entry

Class 30: Staples, spices and confectionery · application 5088347

Ice creams; Frozen desserts; Syrups and treacle; Topping syrups; Chocolate topping; Confectionery; Cakes; Pastry; essences; Cereal Preparations; Coffee; Tea; Sugar; Cocoa; Sago; and Honey; Bread; Biscuit; Cookies; Bread rolls; Bread crumbs; Buns; Cake powder; Waffles; Wheat flour;; Rice based snacks; Cereal based snackfood;; Chips; included in class 30.

Proposed to be used · Chennai office · full journal entry

Can I use or register "MILKY MOUNTAIN"?

For the same or related goods, probably not. In class 29 (meat, dairy and processed food) and 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 31 (fresh produce and agriculture), class 43 (food services and accommodation), class 35 (advertising, business and retail) and class 32 (beverages, non-alcoholic), 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. "MILKY MOUNTAIN" 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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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 MILKY MOUNTAIN

Is MILKY MOUNTAIN a registered trademark?

MILKY MOUNTAIN has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 5 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 MILKY MOUNTAIN trademark?

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

Can I register a trademark similar to MILKY MOUNTAIN?

Not for the same or related goods in class 29, 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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