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Is ROSE DAY trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 25, 32 · latest 23 January 2023

Yes, "ROSE DAY" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 1 August 2022 and 23 January 2023, in class 25 (clothing, footwear and headwear) and class 32 (beverages, non-alcoholic), by 2 individual applicants. Of these, 1 is a logo whose text we read as "ROSE DAY". The opposition windows have closed.

2 applications named ROSE DAY

ApplicationClassApplicantFiledAdvertisedOpposition
5552401logo mark 32Beverages, non-alcoholic Individual applicant (A. A. A.) 1 August 2022 No. 208823 January 2023 closed23 May 2023
5209863ROSE DAY 25Clothing, footwear and headwear Individual applicant (A. S. V.) 15 November 2021 No. 20631 August 2022 closed1 December 2022

Goods and services claimed

Class 32: Beverages, non-alcoholic · application 5552401

Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non- alcoholic preparations for making beverages.

Proposed to be used · Mumbai office · full journal entry

Class 25: Clothing, footwear and headwear · application 5209863

Clothing, (undergarments) as per class-25

Use claimed since 01/04/2016 · Delhi office · full journal entry

Can I use or register "ROSE DAY"?

For the same or related goods, probably not. In class 25 (clothing, footwear and headwear) and class 32 (beverages, non-alcoholic), 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 35 (advertising, business and retail), class 18 (leather, bags and luggage), class 24 (textiles and fabrics) and class 14 (jewellery and watches), 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. "ROSE DAY" 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 2 similar names in the same classes (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 ROSE DAY

Is ROSE DAY a registered trademark?

ROSE DAY has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 23 January 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 ROSE DAY trademark?

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 We do not publish individuals' names.

Can I register a trademark similar to ROSE DAY?

Not for the same or related goods in class 25, class 32: 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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