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Is MISTY VALLEY trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 35, 43 · latest 28 August 2023

Yes, "MISTY VALLEY" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 17 January 2022 and 28 August 2023, in class 35 (advertising, business and retail) and class 43 (food services and accommodation), by Proprietor of Misty Valley and an individual applicant. Of these, 1 is a logo whose text we read as "MISTY VALLEY". The opposition windows have closed.

2 applications named MISTY VALLEY

ApplicationClassApplicantFiledAdvertisedOpposition
5759195logo mark 43Food services and accommodation Individual applicant (C. A. J.) 11 January 2023 No. 211928 August 2023 closed28 December 2023
5233860MISTY VALLEY 35Advertising, business and retail Proprietor of Misty Valley 3 December 2021 No. 203517 January 2022 closed17 May 2022

Goods and services claimed

Class 43: Food services and accommodation · application 5759195

Hotel services; Hotel restaurant services; Hotel catering services; Hotel and restaurant services; Hotel, bar and restaurant services; Restaurant services provided by hotels; Food preparation; Food preparation consultancy; Food and drink catering; Takeaway food services; Food preparation services; Serving food and drinks; Fast-food restaurant services; Catering services for the provision of food and drink…

Proposed to be used · Chennai office · full journal entry

Class 35: Advertising, business and retail · application 5233860

Marketing services; Online ordering services; Computerized online ordering services; Wholesale ordering services; Computerized online retail store services; Goods import-export agency services; Provision of an online marketplace for buyers and sellers of goods and services; Business marketing; Provision of information and advisory services relating to e-commerce; Business administration;

Proposed to be used · Chennai office · full journal entry

Can I use or register "MISTY VALLEY"?

For the same or related goods, probably not. In class 35 (advertising, business and retail) and class 43 (food services and accommodation), 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 9 (electronics and software), class 42 (software, it and design services), class 36 (finance, insurance and real estate) and class 39 (transport, logistics and travel), 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 VALLEY" 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).

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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 VALLEY

Is MISTY VALLEY a registered trademark?

MISTY VALLEY has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 28 August 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 VALLEY trademark?

As advertised: Proprietor of Misty Valley; plus 1 individual applicant.

Can I register a trademark similar to MISTY VALLEY?

Not for the same or related goods in class 35, class 43: 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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