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Is TEAR FRESH trademarked in India?

1 application advertised in the Trade Marks Journal · class 5 · latest 4 September 2023

Yes, "TEAR FRESH" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 4 September 2023, in class 5 (pharmaceuticals and health), by an individual applicant. The opposition window has closed.

1 application named TEAR FRESH

ApplicationClassApplicantFiledAdvertisedOpposition
3698441TEAR FRESH 5Pharmaceuticals and health Individual applicant (N. K. N.) 8 December 2017 No. 21204 September 2023 closed4 January 2024

Goods and services claimed

Class 5: Pharmaceuticals and health · application 3698441

Pharmaceutical, Veterinary and Sanitary Preparations, Dietetic Substances Adapted For Medical Use, Food For Babies, Plasters, Materials For Dressings, Materials For Stopping Teeth, Dental Wax, Disinfectants, Preparation For Destroying Vermin Fungicides, Herbicides Included In Class 5. NO EXCLUSIVE RIGHT DESCRIPTIVE MATTERS APPEARING IN THE MARK / LABEL..

Use claimed since 01/04/2010 · Mumbai office · full journal entry

Can I use or register "TEAR FRESH"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health), 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural 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. "TEAR FRESH" 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 5 similar names in the same classes (below).

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Is TEAR FRESH your brand? Watch it freeWe read every weekly journal issue, logos included, and email you when a similar name is advertised, while you can still oppose it. Ask a Trademark AttorneyDoes this name affect your brand? Ask on WhatsApp. The first answer is free. Which class is mine?Describe your business and get the classes to file in, with the traps for your trade.

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 TEAR FRESH

Is TEAR FRESH a registered trademark?

TEAR FRESH has been applied for and advertised in the Trade Marks Journal (1 application, latest on 4 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 TEAR FRESH trademark?

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 We do not publish individuals' names.

Can I register a trademark similar to TEAR FRESH?

Not for the same or related goods in class 5: 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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