Is POISON trademarked in India?

14 applications named POISON

Goods and services claimed

Can I use or register "POISON"?

For the same or related goods, probably not. In class 1 (chemicals), class 5 (pharmaceuticals and health) and class 25 (clothing, footwear and headwear), 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 35 (advertising, business and retail), class 31 (fresh produce and agriculture), class 3 (cosmetics and cleaning) 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. "POISON" 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 6 similar names in the same classes (below).

Similar names in the journal

• TRUE POISONcontains the name · class 25 (Clothing, footwear and headwear) · Proprietor of Tanmay Garments
• PRETTY POISONcontains the name · class 25 (Clothing, footwear and headwear) · Individual applicant (D. N.)
• UCPOISONcontains the name · class 35 (Advertising, business and retail) · Proprietor of United Creation
• Symptoms of Poisoning: No known logocontains the name · class 5 (Pharmaceuticals and health) · Endinvet Pharmaceuticals Private Limited
• DANGER POISON logocontains the name · class 2 (Paints and coatings) · Proprietor of - Hans Chemicals
• THE POISONED logocontains the name · class 25 (Clothing, footwear and headwear) · Individual applicant (A. G.)
• 8PoISON SODA logocontains the name · class 25 (Clothing, footwear and headwear) · Proprietor of Shree Balaji Jk Enterprises
• BLACK POISON logocontains the name · class 41 (Education and entertainment) · Black Poison Tattoo Studio.
• MAN POISON logocontains the name · class 3 (Cosmetics and cleaning) · Nmdw Lifestyle Private Limited
• Non poisonous Glue logocontains the name · class 5 (Pharmaceuticals and health) · Proprietor of Vectron Enterprise
• LIVE POISON FREE LIFE logocontains the name · class 35 (Advertising, business and retail) · Saisaakhi Organic Milk Products Private Limited
• ADISON POWER logosimilar spelling · class 11 (Lighting, heating and cooling) · Adison Power Tech Private Limited

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about POISON

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.