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Is PHYTO AM trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 30 · latest 8 November 2021

Yes, "PHYTO AM" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 1 November 2021 and 8 November 2021, in class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), by Phyto Life Sciences Private Limited.. The opposition windows have closed.

2 applications named PHYTO AM

ApplicationClassApplicantFiledAdvertisedOpposition
4529722PHYTO AM 5Pharmaceuticals and health Phyto Life Sciences Private Limited. 12 June 2020 No. 20258 November 2021 closed8 March 2022
4529723PHYTO AM 30Staples, spices and confectionery Phyto Life Sciences Private Limited. 12 June 2020 No. 20241 November 2021 closed1 March 2022

Goods and services claimed

Class 5: Pharmaceuticals and health · application 4529722

Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides. NO EXCLUSIVE RIGHT DESCRIPTIVE…

Use claimed since 01/06/2020 · Ahmedabad office · full journal entry

Class 30: Staples, spices and confectionery · application 4529723

Coffee, tea, cocoa and artificial coffee; 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].

Use claimed since 01/06/2020 · Ahmedabad office · full journal entry

Can I use or register "PHYTO AM"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), 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 3 (cosmetics and cleaning), class 10 (medical devices), class 44 (medical, beauty and agricultural services) and class 29 (meat, dairy and processed food), 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. "PHYTO AM" 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 3 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 PHYTO AM

Is PHYTO AM a registered trademark?

PHYTO AM has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 8 November 2021). 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 PHYTO AM trademark?

As advertised: Phyto Life Sciences Private Limited..

Can I register a trademark similar to PHYTO AM?

Not for the same or related goods in class 5, class 30: 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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