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Is REFRACTION RESCUE ATOMISER trademarked in India?

1 application advertised in the Trade Marks Journal · class 3 · latest 26 August 2024

Yes, "REFRACTION RESCUE ATOMISER" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 26 August 2024, in class 3 (cosmetics and cleaning), by an individual applicant. The opposition window has closed.

1 application named REFRACTION RESCUE ATOMISER

ApplicationClassApplicantFiledAdvertisedOpposition
5923728REFRACTION RESCUE ATOMISER 3Cosmetics and cleaning Individual applicant (M. B.) 5 May 2023 No. 217126 August 2024 closed26 December 2024

Goods and services claimed

Class 3: Cosmetics and cleaning · application 5923728

PERFUMERY; LIP BALMS; BALMS, OTHER THAN FOR MEDICAL PURPOSES; BODY MISTS; BODY MIST SPRAYS; SKINCARE COSMETICS; BEAUTY BALM CREAMS; BEAUTY CARE COSMETICS; BEAUTY CARE PREPARATIONS; BODY AND BEAUTY CARE COSMETICS; SOAPS; SHAMPOOS; COSMETICS; HAIR LOTION, SKIN CREAMS; NON-MEDICATED SKIN CARE PRODUCTS; BODY LOTION; NON-MEDICATED GEL-BASED FACE WASHES To be associated with trademark no. 5706699.

Proposed to be used · Mumbai office · full journal entry

Can I use or register "REFRACTION RESCUE ATOMISER"?

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. "REFRACTION RESCUE ATOMISER" 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.

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Questions about REFRACTION RESCUE ATOMISER

Is REFRACTION RESCUE ATOMISER a registered trademark?

REFRACTION RESCUE ATOMISER has been applied for and advertised in the Trade Marks Journal (1 application, latest on 26 August 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 REFRACTION RESCUE ATOMISER trademark?

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 We do not publish individuals' names.

Can I register a trademark similar to REFRACTION RESCUE ATOMISER?

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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