2 applications named PositiviTea
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5513068logo mark | 30Staples, spices and confectionery | Proprietor of Ansh Food Products | 1 July 2022 | No. 21501 April 2024 | closed1 August 2024 |
| 4498417PositiviTea | 5Pharmaceuticals and health | Althea Drf Lifesciences Limited | 9 May 2020 | No. 214022 January 2024 | closed22 May 2024 |
Goods and services claimed
Class 30: Staples, spices and confectionery · application 5513068
Tea *; Milk tea, tea predominating; Green tea; Instant tea; Coca tea; Tea beverages; Artificial tea; Lime tea; Tea-based milk tea; Tea leaves, processed; Iced teas; Tea substitutes; Tea-based beverages; Instant black tea; Instant green tea; Flowers or leaves for use as tea substitutes Mark to be used as substantially represented and filed with no exclusive right over any of the words appearing separately..
Proposed to be used · Mumbai office · full journal entry
Class 5: Pharmaceuticals and health · application 4498417
Nutraceutical and Wellness Products included under class 05
Proposed to be used · Delhi office · full journal entry
Can I use or register "PositiviTea"?
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. "PositiviTea" 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 1 similar name in the same class (below).
Similar names in the journal
- positivity.comsimilar spelling · class 35 (Advertising, business and retail) · Individual applicant (R. S.)
- POSITIVITAsimilar spelling · class 5 (Pharmaceuticals and health) · Dk Remedies Private Limited
- POSITIVITY BLUEPRINTsimilar spelling · class 41 (Education and entertainment) · Individual applicant (P. R. S.)
- with positivity logosimilar spelling · class 16 (Paper, printing and stationery) · Individual applicant (M. S. S.)
- Trust. Positivity. Vision logosimilar spelling · class 9 (Electronics and software) · Individual applicant (N. S.)
- #positivity hub logosimilar spelling · class 41 (Education and entertainment) · Mitran Innovation Systems Private Limited
- Positivity & Happiness logosimilar spelling · class 16 (Paper, printing and stationery) · Individual applicant (R. C.)
- POSITIVITV logosimilar spelling · class 16 (Paper, printing and stationery) · Oshyom App Advisor Private Limited
- SPREAD POSITIVITY logosimilar spelling · class 16 (Paper, printing and stationery) · Individual applicant (A. S.)
- POSITIVITY logosimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (V. A.)
- Enhancing positivity logosimilar spelling · class 45 (Legal, security and personal services) · Individual applicant (N. S. R.)
- Positive Pharmacysimilar spelling · class 44 (Medical, beauty and agricultural services) · Pstgems 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 PositiviTea
Is PositiviTea a registered trademark?
PositiviTea has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 1 April 2024). 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 PositiviTea trademark?
As advertised: Proprietor of Ansh Food Products; Althea Drf Lifesciences Limited.
Can I register a trademark similar to PositiviTea?
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.