Is Positive gems trademarked in India?

25 applications named Positive gems

Goods and services claimed

Can I use or register "Positive gems"?

For the same or related goods, probably not. In class 2 (paints and coatings), class 4 (fuels, oils and candles), class 5 (pharmaceuticals and health), class 6 (metal goods), class 10 (medical devices), class 11 (lighting, heating and cooling), class 13 (firearms and fireworks), class 15 (musical instruments), class 16 (paper, printing and stationery), class 17 (rubber and insulating materials), class 18 (leather, bags and luggage), class 19 (building materials), class 21 (household and kitchenware), class 22 (ropes, nets and tents), class 23 (yarns and threads), class 34 (tobacco and smokers' articles), class 35 (advertising, business and retail), class 36 (finance, insurance and real estate), class 37 (construction, installation and repair), class 38 (telecommunications), class 39 (transport, logistics and travel), class 40 (treatment of materials and manufacturing), class 42 (software, it and design services), class 43 (food services and accommodation) and class 44 (medical, beauty and agricultural services), 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 1 (chemicals), class 29 (meat, dairy and processed food) and class 30 (staples, spices and confectionery), 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. "Positive gems" appears in 25 classes; the other 20 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 9 similar names in the same classes (below).

Similar names in the journal

• PositiveGems SuperActioncontains the name · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• PositiveGems Her-Feelingscontains the name · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• PositiveGems Get Wet Lubricontains the name · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• PositiveGems Stress Bustercontains the name · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• PositiveGems Long Timecontains the name · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• PositiveGems Re-Growcontains the name · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• Positive Grainssimilar spelling · class 31 (Fresh produce and agriculture) · Sangeeta Consumer Goods Private Limited
• Positive Pharmacysimilar spelling · class 44 (Medical, beauty and agricultural services) · Pstgems Private Limited
• POSITIVE MINDSsimilar spelling · class 5 (Pharmaceuticals and health) · Pstgems Private Limited
• Body Positivesimilar spelling · class 25 (Clothing, footwear and headwear) · Individual applicant (P. G.)
• POSITIVE EATING + POSITIVE LIVINGsimilar spelling · class 35 (Advertising, business and retail) · Wagamama Limited
• Positive Loopsimilar spelling · class 7 (Machines and motors) · Cde Asia 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 Positive gems

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.