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Is TRYGAIN trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 30 · latest 2 October 2023

Yes, "TRYGAIN" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 24 April 2023 and 2 October 2023, in class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), by Biovitamins Private Limited. The opposition windows have closed.

2 applications named TRYGAIN

ApplicationClassApplicantFiledAdvertisedOpposition
5247003TRYGAIN 5Pharmaceuticals and health Biovitamins Private Limited 14 December 2021 No. 21242 October 2023 closed2 February 2024
5247004TRYGAIN 30Staples, spices and confectionery Biovitamins Private Limited 14 December 2021 No. 210124 April 2023 closed24 August 2023

Goods and services claimed

Class 5: Pharmaceuticals and health · application 5247003

Medicinal and pharmaceutical preparations and substances; food supplements, dietary supplements and nutritional supplements including nutraceutical substances; probiotics for use as dietary supplements; chemico-pharmaceutical preparations

Proposed to be used · Chennai office · full journal entry

Class 30: Staples, spices and confectionery · application 5247004

Nutritional, health, dietary and food supplements other than for medical purposes

Proposed to be used · Chennai office · full journal entry

Can I use or register "TRYGAIN"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) and class 30 (staples, spices and confectionery), 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 44 (medical, beauty and agricultural services) and class 29 (meat, dairy and processed food), 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. "TRYGAIN" 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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Questions about TRYGAIN

Is TRYGAIN a registered trademark?

TRYGAIN has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 2 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 TRYGAIN trademark?

As advertised: Biovitamins Private Limited.

Can I register a trademark similar to TRYGAIN?

Not for the same or related goods in class 5, class 30: 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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