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Is MISTY MOON trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 30, 32 · latest 26 June 2023

Yes, "MISTY MOON" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal on 26 June 2023, in class 30 (staples, spices and confectionery) and class 32 (beverages, non-alcoholic), by Crespack Food Industries. The opposition windows have closed.

2 applications named MISTY MOON

ApplicationClassApplicantFiledAdvertisedOpposition
5641129MISTY MOON 30Staples, spices and confectionery Crespack Food Industries 9 October 2022 No. 211026 June 2023 closed26 October 2023
5641130MISTY MOON 32Beverages, non-alcoholic Crespack Food Industries 9 October 2022 No. 211026 June 2023 closed26 October 2023

Goods and services claimed

Class 30: Staples, spices and confectionery · application 5641129

Coffee, tea, cocoa and substitutes therefor; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces and other condiments; Ice [frozen water]

Proposed to be used · Chennai office · full journal entry

Class 32: Beverages, non-alcoholic · application 5641130

Non-alcoholic beverages; Mineral and aerated waters; Soft drinks; Fruit beverages and fruit juices; Syrups and other preparations for making non-alcoholic beverages

Proposed to be used · Chennai office · full journal entry

Can I use or register "MISTY MOON"?

For the same or related goods, probably not. In class 30 (staples, spices and confectionery) and class 32 (beverages, non-alcoholic), 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 43 (food services and accommodation), class 35 (advertising, business and retail) and class 31 (fresh produce and agriculture), 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. "MISTY MOON" 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 MISTY MOON

Is MISTY MOON a registered trademark?

MISTY MOON has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 26 June 2023). 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 MISTY MOON trademark?

As advertised: Crespack Food Industries.

Can I register a trademark similar to MISTY MOON?

Not for the same or related goods in class 30, class 32: 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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