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Is SIMAROUBA trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 3, 5, 30 · latest 22 April 2024

Yes, "SIMAROUBA" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 26 June 2023 and 22 April 2024, in class 3 (cosmetics and cleaning), class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), by 3 individual applicants. The opposition windows have closed.

3 applications named SIMAROUBA

ApplicationClassApplicantFiledAdvertisedOpposition
5786741SIMAROUBA 5Pharmaceuticals and health Individual applicant (S. T. A.) 31 January 2023 No. 215322 April 2024 closed22 August 2024
5786740SIMAROUBA 3Cosmetics and cleaning Individual applicant (S. T. A.) 31 January 2023 No. 211026 June 2023 closed26 October 2023
5786739SIMAROUBA 30Staples, spices and confectionery Individual applicant (S. T. A.) 31 January 2023 No. 211026 June 2023 closed26 October 2023

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5786741

NUTRACEUTICALS

Proposed to be used · Chennai office · full journal entry

Class 3: Cosmetics and cleaning · application 5786740

Soaps, Perfumery, Essential Oils, Cosmetics, Hair Lotions, Beauty Care Cosmetics, Body Cleaning and Beauty Care Preparations

Proposed to be used · Chennai office · full journal entry

Class 30: Staples, spices and confectionery · application 5786739

Tea, Green Tea and other tea-based products

Proposed to be used · Chennai office · full journal entry

Can I use or register "SIMAROUBA"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 21 (household and kitchenware), class 44 (medical, beauty and agricultural services), class 35 (advertising, business and retail) and class 10 (medical devices), 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. "SIMAROUBA" appears in 3 classes; the other 42 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 SIMAROUBA

Is SIMAROUBA a registered trademark?

SIMAROUBA has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 22 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 SIMAROUBA trademark?

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 We do not publish individuals' names.

Can I register a trademark similar to SIMAROUBA?

Not for the same or related goods in class 3, 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.

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