1 application named THE WINTER CHERRY
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5180086THE WINTER CHERRY | 3Cosmetics and cleaning | Individual applicant (S. S.) | 20 October 2021 | No. 202829 November 2021 | closed29 March 2022 |
Goods and services claimed
Class 3: Cosmetics and cleaning · application 5180086
Bleaching preparations and laundry preparations, Cleaning, polishing, scouring and abrasive preparations, Soaps, Perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions, Cosmetics, Dentifrices
Proposed to be used · Kolkata office · full journal entry
Can I use or register "THE WINTER CHERRY"?
For the same or related goods, probably not. In class 3 (cosmetics and cleaning), 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 5 (pharmaceuticals and health), class 21 (household and kitchenware), class 44 (medical, beauty and agricultural services) and class 35 (advertising, business and retail), 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 WINTER CHERRY" 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.
Similar names in the journal
- THE CHERRY TREEsimilar spelling · class 30 (Staples, spices and confectionery) · Individual applicant (V. T.)
- THE WINTERGARDENsimilar spelling · class 43 (Food services and accommodation) · Proprietor of Baba's Elitaire
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 WINTER CHERRY
Is THE WINTER CHERRY a registered trademark?
THE WINTER CHERRY has been applied for and advertised in the Trade Marks Journal (1 application, latest on 29 November 2021). 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 WINTER CHERRY trademark?
The application was filed by an individual applicant. We do not publish individuals' names.
Can I register a trademark similar to THE WINTER CHERRY?
Not for the same or related goods in class 3: 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.