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Is PRICKLY PEAR trademarked in India?

1 application advertised in the Trade Marks Journal · class 3 · latest 26 June 2023

Yes, "PRICKLY PEAR" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 26 June 2023, in class 3 (cosmetics and cleaning), by an individual applicant. The opposition window has closed.

1 application named PRICKLY PEAR

ApplicationClassApplicantFiledAdvertisedOpposition
5780713PRICKLY PEAR 3Cosmetics and cleaning Individual applicant (N. S.) 26 January 2023 No. 211026 June 2023 closed26 October 2023

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5780713

Cosmetic Preparations For Body Care, Skin Care, Hair Care, Cosmetics And Cosmetic Preparations Including Hand-Made Soaps, Cleansers, Lotions, Creams, Toners, Shampoo, Conditioner, Serums, Oil Blends, Oils For Body, Skin And Hair, And Other Products included In Class 3

Proposed to be used · Delhi office · full journal entry

Can I use or register "PRICKLY PEAR"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 5 (pharmaceuticals and health), class 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) and class 35 (advertising, business and retail), 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. "PRICKLY PEAR" appears in 1 class; the other 44 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).

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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 PRICKLY PEAR

Is PRICKLY PEAR a registered trademark?

PRICKLY PEAR has been applied for and advertised in the Trade Marks Journal (1 application, latest on 26 June 2023). 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 PRICKLY PEAR trademark?

The application was filed by an individual applicant. We do not publish individuals' names.

Can I register a trademark similar to PRICKLY PEAR?

Not for the same or related goods in class 3: 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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