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Is Winter Solstice trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 30, 33 · latest 27 November 2023

Yes, "Winter Solstice" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 21 March 2022 and 27 November 2023, in class 30 (staples, spices and confectionery) and class 33 (alcoholic beverages), by Orchid Craft Beverages PVT. LTD. and Orchid Craft Beverages Private Limited. The opposition windows have closed.

2 applications named Winter Solstice

ApplicationClassApplicantFiledAdvertisedOpposition
5908680Winter Solstice 30Staples, spices and confectionery Orchid Craft Beverages PVT. LTD. 25 April 2023 No. 213227 November 2023 closed27 March 2024
4740822Winter Solstice 33Alcoholic beverages Orchid Craft Beverages Private Limited 11 November 2020 No. 204421 March 2022 closed21 July 2022

Goods and services claimed

Class 30: Staples, spices and confectionery · application 5908680

Coffee; coffee-based-beverages; condiments; dressings for salads; flavourings other than essential oils for beverages; flavourings other than essential oils for foods; cinnamon spice; cloves spice; chutneys condiments; cocoa based beverages ; honey; iced tea; ketchups; malt extract for food; marzipan; mayonnaise; mustard meal; mustard dips; Aromatic preparations for food; pepper seasonings; sauces (condiments)…

Proposed to be used · Chennai office · full journal entry

Class 33: Alcoholic beverages · application 4740822

Alcoholic beverages (except beers)

Proposed to be used · Chennai office · full journal entry

Can I use or register "Winter Solstice"?

For the same or related goods, probably not. In class 30 (staples, spices and confectionery) and class 33 (alcoholic beverages), 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 29 (meat, dairy and processed food), class 32 (beverages, non-alcoholic), class 43 (food services and accommodation) 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. "Winter Solstice" 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 2 similar names in the same classes (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 Winter Solstice

Is Winter Solstice a registered trademark?

Winter Solstice has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 27 November 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 Winter Solstice trademark?

As advertised: Orchid Craft Beverages PVT. LTD.; Orchid Craft Beverages Private Limited.

Can I register a trademark similar to Winter Solstice?

Not for the same or related goods in class 30, class 33: 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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