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Is Spray Magic trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 28, 35 · latest 18 September 2023

Yes, "Spray Magic" 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 18 September 2023, in class 28 (toys, games and sports) and class 35 (advertising, business and retail), by Winmagic Toys Private Limited. The opposition windows have closed.

2 applications named Spray Magic

ApplicationClassApplicantFiledAdvertisedOpposition
4801576Spray Magic 35Advertising, business and retail Winmagic Toys Private Limited 30 December 2020 No. 212218 September 2023 closed18 January 2024
4801577Spray Magic 28Toys, games and sports Winmagic Toys Private Limited 30 December 2020 No. 20631 August 2022 closed1 December 2022

Goods and services claimed

Class 35: Advertising, business and retail · application 4801576

whole sale and retails services for a variety of products and goods enabling customers to conveniently view and purchase; Selling of merchandise in the field of a wide variety of Products and Services; Bringing together, for the benefit of others, of a variety of goods enabling customers to conveniently view and purchase goods; on-line and e-commerce trading services to facilitate the sale of goods by others via a…

Proposed to be used · Mumbai office · full journal entry

Class 28: Toys, games and sports · application 4801577

Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees

Proposed to be used · Mumbai office · full journal entry

Can I use or register "Spray Magic"?

For the same or related goods, probably not. In class 28 (toys, games and sports) and class 35 (advertising, business and retail), 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 9 (electronics and software), class 41 (education and entertainment), class 25 (clothing, footwear and headwear) and class 42 (software, it and design services), 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. "Spray Magic" 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.

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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 Spray Magic

Is Spray Magic a registered trademark?

Spray Magic has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 18 September 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 Spray Magic trademark?

As advertised: Winmagic Toys Private Limited.

Can I register a trademark similar to Spray Magic?

Not for the same or related goods in class 28, class 35: 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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