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Is VIVACITY trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 3, 28, 44 · latest 11 March 2024

Yes, "VIVACITY" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 10 April 2023 and 11 March 2024, in class 3 (cosmetics and cleaning), class 28 (toys, games and sports) and class 44 (medical, beauty and agricultural services), by Nephro Care India Private Limited, Miss Marcel and Proprietor of Goel Enterprises. The opposition windows have closed.

3 applications named VIVACITY

ApplicationClassApplicantFiledAdvertisedOpposition
6284857VIVACITY 44Medical, beauty and agricultural services Nephro Care India Private Limited 2 February 2024 No. 214711 March 2024 closed11 July 2024
6277494VIVACITY 3Cosmetics and cleaning Miss Marcel 29 January 2024 No. 21464 March 2024 closed4 July 2024
5625347Vivacity 28Toys, games and sports Proprietor of Goel Enterprises 26 September 2022 No. 209910 April 2023 closed10 August 2023

Goods and services claimed

Class 44: Medical, beauty and agricultural services · application 6284857

Medical and diagnostic services; healthcare services; hospital services; pharmacy services.

Proposed to be used · Kolkata office · full journal entry

Class 3: Cosmetics and cleaning · application 6277494

COSMETICS, HAIR COLOURING AND BLEACHING PREPARATIONS, HAIR SHAMPOOS, HAIR LACQUER, BRILLIANTINE, HAIR WAVING, SETTING, DRESSING, PERMING PREPARATIONS, HAIR OILS, HAIR LOTIONS, HAIR CREAMS, HAIR REMOVING PREPARATIONS, SKIN CREAMS AND LOTIONS, SKIN CLEANSING, REFRESHENER, AND AFTER SHAVE LOTIONS, FACE POWDER, MAKE-UP CREAMS AND LOTIONS, ROUGE, LIPSTICK, MASCARA AND PERFUMES.

Use claimed since 21/01/2021 · Kolkata office · full journal entry

Class 28: Toys, games and sports · application 5625347

Exercise weights, Weightlifting benches, Ankle weights, Weightlifting belts, Exercise weight cuffs, Weight lifting machines, Weight lifting gloves, Sports weight lifting belts, Dumbbells for weight lifting, Head straps for weight lifting , Weight machines for physical exercise, Bar-bells for weight lifting, Throw weights for recreational use, Free weights for physical exercise, Exercising equipment, namely, weight…

Proposed to be used · Delhi office · full journal entry

Can I use or register "VIVACITY"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning), class 28 (toys, games and sports) and class 44 (medical, beauty and agricultural services), 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 35 (advertising, business and retail) 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. "VIVACITY" appears in 3 classes; the other 42 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 VIVACITY

Is VIVACITY a registered trademark?

VIVACITY has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 11 March 2024). 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 VIVACITY trademark?

As advertised: Nephro Care India Private Limited; Miss Marcel; Proprietor of Goel Enterprises.

Can I register a trademark similar to VIVACITY?

Not for the same or related goods in class 3, class 28, class 44: 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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