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Is OPEN SECRET trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 16, 29, 32 · latest 9 October 2023

Yes, "OPEN SECRET" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 13 September 2021 and 9 October 2023, in class 16 (paper, printing and stationery), class 29 (meat, dairy and processed food) and class 32 (beverages, non-alcoholic), by Immaculatebites Private Limited. The opposition windows have closed.

3 applications named OPEN SECRET

ApplicationClassApplicantFiledAdvertisedOpposition
5746535OPEN SECRET 32Beverages, non-alcoholic Immaculatebites Private Limited 31 December 2022 No. 21259 October 2023 closed9 February 2024
5647541OPEN SECRET 16Paper, printing and stationery Immaculatebites Private Limited 14 October 2022 No. 21167 August 2023 closed7 December 2023
4221693Open Secret 29Meat, dairy and processed food Immaculatebites Private Limited 1 July 2019 No. 201713 September 2021 closed13 January 2022

Goods and services claimed

Class 32: Beverages, non-alcoholic · application 5746535

cola beverages; cola drinks; colas [non-alcoholic drinks and beverages]; fruit beverages; orange juice beverages; fruit- based beverages; Non-alcoholic lemon-flavored fruit-based beverages; orange juice beverages; energy drink with bitter orange; coconut juice [beverage]; iced fruit beverages; fruit juice beverages; frozen carbonated beverages; sugarcane juice beverages; non-alcoholic beverages; vegetable juices…

Use claimed since 21/12/2022 · Mumbai office · full journal entry

Class 16: Paper, printing and stationery · application 5647541

packaging materials made of recycled paper; packaging materials; packing materials of cardboard; packing materials of paper; cardboard packaging and cartons; packing cardboard; adhesive tapes for stationery use; paperboard; paper; letterheads; visiting cards; advertising pamphlets and brochures; plastic materials for packaging; pens; office stationery.

Use claimed since 30/10/2019 · Mumbai office · full journal entry

Class 29: Meat, dairy and processed food · application 4221693

Preserved, frozen, dried and cooked fruits and vegetables; jellies, jam, compotes; milk, cheese, butter, yoghurt and other milk products; oils and fats for foods, coca butter, nut butter, beverages included in class 29.

Proposed to be used · Mumbai office · full journal entry

Can I use or register "OPEN SECRET"?

For the same or related goods, probably not. In class 16 (paper, printing and stationery), class 29 (meat, dairy and processed food) 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 41 (education and entertainment), class 35 (advertising, business and retail), class 9 (electronics and software) and class 42 (software, it and design services), 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. "OPEN SECRET" 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 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 OPEN SECRET

Is OPEN SECRET a registered trademark?

OPEN SECRET has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 9 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 OPEN SECRET trademark?

As advertised: Immaculatebites Private Limited.

Can I register a trademark similar to OPEN SECRET?

Not for the same or related goods in class 16, class 29, 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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