Is TOMATO trademarked in India?

38 applications named TOMATO

Goods and services claimed

Can I use or register "TOMATO"?

For the same or related goods, probably not. In class 2 (paints and coatings), class 3 (cosmetics and cleaning), class 16 (paper, printing and stationery), class 25 (clothing, footwear and headwear), class 29 (meat, dairy and processed food), class 30 (staples, spices and confectionery), class 31 (fresh produce and agriculture) 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 19 (building materials), class 5 (pharmaceuticals and health), class 21 (household and kitchenware) 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. "TOMATO" appears in 8 classes; the other 37 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 10 similar names in the same classes (below).

Similar names in the journal

• WSF - CODE - TOMATOcontains the name · class 1 (Chemicals) · Rallis India Limited
• NCITOMATOcontains the name · class 25 (Clothing, footwear and headwear) · J B Impex
• CHEERY TOMATOcontains the name · class 35 (Advertising, business and retail) · Mushroom World Umbrella Limited
• TOMATO CRAZYcontains the name · class 30 (Staples, spices and confectionery) · Gujarat Foods
• TOMATO GOLDcontains the name · class 35 (Advertising, business and retail) · Proprietor of Honesty
• THE MEAN TOMATOcontains the name · class 43 (Food services and accommodation) · Individual applicant (S. S. C.)
• TOMATO BEAUTYcontains the name · class 35 (Advertising, business and retail) · Tomato Beauty Private Limited
• CHERRY TOMATOcontains the name · class 35 (Advertising, business and retail) · Mushroom World Umbrella Limited
• TOMATO f1 ROYALcontains the name · class 31 (Fresh produce and agriculture) · Arizona Seeds PVT. LTD.
• REDD TOMATOcontains the name · class 3 (Cosmetics and cleaning) · Jivanta Labs LLP
• R V R TOMATO COMMISSION MUNDYcontains the name · class 35 (Advertising, business and retail) · Individual applicant (S.)
• Blue tomatocontains the name · class 30 (Staples, spices and confectionery) · Individual applicant (C. L. R.)

Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.

Questions about TOMATO

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.