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Is POMATO trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 30, 31, 35 · latest 14 March 2022

Yes, "POMATO" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 14 February 2022 and 14 March 2022, in class 30 (staples, spices and confectionery), class 31 (fresh produce and agriculture) and class 35 (advertising, business and retail), by 3 individual applicants. The opposition windows have closed.

3 applications named POMATO

ApplicationClassApplicantFiledAdvertisedOpposition
5292670POMATO 30Staples, spices and confectionery Individual applicant (P.) 20 January 2022 No. 204314 March 2022 closed14 July 2022
5275975POMATO 31Fresh produce and agriculture Individual applicant (P.) 7 January 2022 No. 203914 February 2022 closed14 June 2022
5275976POMATO 35Advertising, business and retail Individual applicant (P.) 7 January 2022 No. 203914 February 2022 closed14 June 2022

Goods and services claimed

Class 30: Staples, spices and confectionery · application 5292670

Ice [frozen water]; Vinegar, sauces and other condiments; Coffee, tea, cocoa and artificial coffee; Bread, pastries and confectionery; Sugar, honey, treacle; Yeast, baking-powder; Spices; Powdered spices; Baking spices; Rice; Pasta; Noodles; Tapioca; Sago; Flour and preparations made from cereals; Ice cream, sorbets and other edible ices; Chocolate; Cakes; Garam masala; Allspice; All-purpose flour;

Proposed to be used · Chennai office · full journal entry

Class 31: Fresh produce and agriculture · application 5275975

Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt

Proposed to be used · Chennai office · full journal entry

Class 35: Advertising, business and retail · application 5275976

Retail services provided by supermarkets; Retail services provided by grocery stores; Retail services or wholesale services for fruits and vegetables

Proposed to be used · Chennai office · full journal entry

Can I use or register "POMATO"?

For the same or related goods, probably not. In class 30 (staples, spices and confectionery), class 31 (fresh produce and agriculture) and class 35 (advertising, business and retail), 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 29 (meat, dairy and processed food), class 32 (beverages, non-alcoholic), class 43 (food services and accommodation) and class 1 (chemicals), 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. "POMATO" 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.

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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 POMATO

Is POMATO a registered trademark?

POMATO has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 14 March 2022). 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 POMATO trademark?

The applications were filed by individual applicants. We do not publish individuals' names.

Can I register a trademark similar to POMATO?

Not for the same or related goods in class 30, class 31, class 35: 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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