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Is VIVAGEST trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 5, 44 · latest 22 January 2024

Yes, "VIVAGEST" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 4 September 2023 and 22 January 2024, in class 5 (pharmaceuticals and health) and class 44 (medical, beauty and agricultural services), by Hm Medics and Aurasius Healthcare Private Limited. The opposition windows have closed.

2 applications named VIVAGEST

ApplicationClassApplicantFiledAdvertisedOpposition
6006059VIVAGEST 44Medical, beauty and agricultural services Hm Medics 4 July 2023 No. 214022 January 2024 closed22 May 2024
5686039Vivagest 5Pharmaceuticals and health Aurasius Healthcare Private Limited 17 November 2022 No. 21204 September 2023 closed4 January 2024

Goods and services claimed

Class 44: Medical, beauty and agricultural services · application 6006059

Medical services; medical care consultancy; medical care; medical pharmacy advice; medical counselling; pharmaceutical services; paramedical services

Proposed to be used · Delhi office · full journal entry

Class 5: Pharmaceuticals and health · application 5686039

Medicinal And Pharmaceutical Preparations

Use claimed since 15/11/2022 · Mumbai office · full journal entry

Can I use or register "VIVAGEST"?

For the same or related goods, probably not. In class 5 (pharmaceuticals and health) 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) 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. "VIVAGEST" 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. We already see 5 similar names in the same classes (below).

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Is VIVAGEST your brand? Watch it freeWe read every weekly journal issue, logos included, and email you when a similar name is advertised, while you can still oppose it. Ask a Trademark AttorneyDoes this name affect your brand? Ask on WhatsApp. The first answer is free. Which class is mine?Describe your business and get the classes to file in, with the traps for your trade.

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 VIVAGEST

Is VIVAGEST a registered trademark?

VIVAGEST has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 22 January 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 VIVAGEST trademark?

As advertised: Hm Medics; Aurasius Healthcare Private Limited.

Can I register a trademark similar to VIVAGEST?

Not for the same or related goods in class 5, 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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