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Is NIGHTCARE trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 3, 5, 11 · latest 12 August 2024

Yes, "NIGHTCARE" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 24 April 2023 and 12 August 2024, in class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health) and class 11 (lighting, heating and cooling), by Parihars Cigarette Smokehub Private Limited, Proprietor of Bhushan Enterprises and an individual applicant. Of these, 1 is a logo whose text we read as "NIGHTCARE". The opposition windows have closed.

3 applications named NIGHTCARE

ApplicationClassApplicantFiledAdvertisedOpposition
6242364logo mark 11Lighting, heating and cooling Parihars Cigarette Smokehub Private Limited 1 January 2024 No. 216912 August 2024 closed12 December 2024
5700836NIGHTCARE 3Cosmetics and cleaning Proprietor of Bhushan Enterprises 28 November 2022 No. 215429 April 2024 closed29 August 2024
4249094NIGHTCARE 5Pharmaceuticals and health Individual applicant (S. G.) 29 July 2019 No. 210124 April 2023 closed24 August 2023

Goods and services claimed

Class 11: Lighting, heating and cooling · application 6242364

CFL and LED bulbs.

Proposed to be used · Mumbai office · full journal entry

Class 3: Cosmetics and cleaning · application 5700836

Dhoop, Agarbatti, Roli, Hawan Samagri, Poojan Samigri, Incense Cone & Camphor Use In Hawan Samagri Included In Class 3. THIS IS CONDITION OF REGISTRATION THAT MARK SHOULD BE USED AS A WHOLE AS PER WORD MARK. REGISTRATION OF THIS TRADE MARK SHALL GIVE NO RIGHT TO THE EXCLUSIVE USE OVER THE WORD “NIGHT"" & ""CARE""..

Proposed to be used · Delhi office · full journal entry

Class 5: Pharmaceuticals and health · application 4249094

DIAPERS FOR BABIES AND ADULTS

Proposed to be used · Delhi office · full journal entry

Can I use or register "NIGHTCARE"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health) and class 11 (lighting, heating and cooling), 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 21 (household and kitchenware), class 44 (medical, beauty and agricultural services), class 35 (advertising, business and retail) and class 10 (medical devices), 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. "NIGHTCARE" appears in 3 classes; the other 42 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 4 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 NIGHTCARE

Is NIGHTCARE a registered trademark?

NIGHTCARE has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 12 August 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 NIGHTCARE trademark?

As advertised: Parihars Cigarette Smokehub Private Limited; Proprietor of Bhushan Enterprises; plus 1 individual applicant.

Can I register a trademark similar to NIGHTCARE?

Not for the same or related goods in class 3, class 5, class 11: 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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