2 applications named The Botanist
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5311142The Botanist | 14Jewellery and watches | Individual applicant (K. R.) | 2 February 2022 | No. 212616 October 2023 | closed16 February 2024 |
| 5311165The Botanist | 43Food services and accommodation | Individual applicant (K. R.) | 2 February 2022 | No. 207019 September 2022 | closed19 January 2023 |
Goods and services claimed
Class 14: Jewellery and watches · application 5311142
Jewellery and other Articles coated with precious metals, Jewellery and other Articles made out of precious metals and their alloys, Jewellery made with Pearls and precious stones and other Imitation Accessories.
Proposed to be used · Chennai office · full journal entry
Class 43: Food services and accommodation · application 5311165
Services relating to Temporary Stays, Hotel, Restaurant, Cafeteria, Wine & Dine, and Catering Services.
Proposed to be used · Chennai office · full journal entry
Can I use or register "The Botanist"?
For the same or related goods, probably not. In class 14 (jewellery and watches) and class 43 (food services and accommodation), 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 40 (treatment of materials and manufacturing), class 26 (lace, buttons and accessories) and class 9 (electronics and software), 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. "The Botanist" 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 4 similar names in the same classes (below).
Similar names in the journal
- THE BOTANIST'S STORYcontains the name · class 26 (Lace, buttons and accessories) · Individual applicant (P. C.)
- The Botanist Storycontains the name · class 26 (Lace, buttons and accessories) · Individual applicant (P. C.)
- The Bangalore Botanist by the Leelasimilar spelling · class 43 (Food services and accommodation) · Schloss Hma Private Limited
- THE BODY BOTANISTsimilar spelling · class 3 (Cosmetics and cleaning) · Ekanek Networks Private Limited
- THE BOHO BOTANISTsimilar spelling · class 35 (Advertising, business and retail) · Ekanek Networks Private Limited
- THE BOTANICAL THEORYsimilar spelling · class 35 (Advertising, business and retail) · Paul Penders Botanicals India Private Limited
- Pedagogy with the Botanicalsimilar spelling · class 41 (Education and entertainment) · Individual applicant (G. S.)
- Amish – The Botanical Kitchensimilar spelling · class 43 (Food services and accommodation) · Rosetta Resorts & Holiday Homes
- The Botanical Beauty logosimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (P. M. J.)
- The Bangalore Botanistsimilar spelling · class 43 (Food services and accommodation) · Schloss Hma Private Limited
- THE DRUNKEN BOTANISTsimilar spelling · class 43 (Food services and accommodation) · Unifique Hospitality International PVT. LTD.
- THE BOTANAMIDESsimilar spelling · class 3 (Cosmetics and cleaning) · Individual applicant (S. B.)
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about The Botanist
Is The Botanist a registered trademark?
The Botanist has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 16 October 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 The Botanist trademark?
The applications were filed by individual applicants. We do not publish individuals' names.
Can I register a trademark similar to The Botanist?
Not for the same or related goods in class 14, class 43: 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.