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Is NAKD by BERNACHE trademarked in India?

1 application advertised in the Trade Marks Journal · class 3 · latest 30 October 2023

Yes, "NAKD by BERNACHE" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 30 October 2023, in class 3 (cosmetics and cleaning), by Proprietor of Ds Company. The opposition window has closed.

1 application named NAKD by BERNACHE

ApplicationClassApplicantFiledAdvertisedOpposition
5973642NAKD by BERNACHE 3Cosmetics and cleaning Proprietor of Ds Company 9 June 2023 No. 212830 October 2023 closed1 March 2024

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5973642

Cosmetic preparations for skin care; skin whitening creams; bath salt (not for medical purpose); aromatics (essential oils); cosmetics; soap; shampoos; cologne; lipsticks; make-up preparations; oils for perfumes and scents; perfumes; perfumery; scented water; nail art for cosmetic purpose; herbal massage oils and herbal cosmetics; Cosmetic and cosmetic preparations for eye lashes included; Cosmetics for the…

Proposed to be used · Kolkata office · full journal entry

Can I use or register "NAKD by BERNACHE"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 5 (pharmaceuticals and health), class 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) 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. "NAKD by BERNACHE" 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.

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Questions about NAKD by BERNACHE

Is NAKD by BERNACHE a registered trademark?

NAKD by BERNACHE has been applied for and advertised in the Trade Marks Journal (1 application, latest on 30 October 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 NAKD by BERNACHE trademark?

As advertised: Proprietor of Ds Company.

Can I register a trademark similar to NAKD by BERNACHE?

Not for the same or related goods in class 3: 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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