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Is ULTIMATE DRAMATIC BLACK trademarked in India?

1 application advertised in the Trade Marks Journal · class 3 · latest 10 January 2022

Yes, "ULTIMATE DRAMATIC BLACK" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 10 January 2022, in class 3 (cosmetics and cleaning), by Colorbar Cosmetics PVT LTD. The opposition window has closed.

1 application named ULTIMATE DRAMATIC BLACK

ApplicationClassApplicantFiledAdvertisedOpposition
4120967ULTIMATE DRAMATIC BLACK 3Cosmetics and cleaning Colorbar Cosmetics PVT LTD 18 March 2019 No. 203410 January 2022 closed10 May 2022

Goods and services claimed

Class 3: Cosmetics and cleaning · application 4120967

Kajal, Eyeliner, Liner Pen, Mascara, waterproof Eyeliner, Black Waterproof Eyeliner, Liquid eyeliner pen pencil and other cosmetics IT IS A CONDITION OF REGISTRATION THAT THE MARK TO BE USED AS A WHOLE.

Use claimed since 17/01/2019 · Delhi office · full journal entry

Can I use or register "ULTIMATE DRAMATIC BLACK"?

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. "ULTIMATE DRAMATIC BLACK" 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 1 similar name in the same class (below).

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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 ULTIMATE DRAMATIC BLACK

Is ULTIMATE DRAMATIC BLACK a registered trademark?

ULTIMATE DRAMATIC BLACK has been applied for and advertised in the Trade Marks Journal (1 application, latest on 10 January 2022). 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 ULTIMATE DRAMATIC BLACK trademark?

As advertised: Colorbar Cosmetics PVT LTD.

Can I register a trademark similar to ULTIMATE DRAMATIC BLACK?

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.

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