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Is CWC SmartCem trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 1, 37 · latest 13 November 2023

Yes, "CWC SmartCem" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 6 November 2023 and 13 November 2023, in class 1 (chemicals) and class 37 (construction, installation and repair), by Concrete Works Construction Chemicals Private Limited. The opposition windows have closed.

2 applications named CWC SmartCem

ApplicationClassApplicantFiledAdvertisedOpposition
5832182CWC SmartCem 37Construction, installation and repair Concrete Works Construction Chemicals Private Limited 2 March 2023 No. 213013 November 2023 closed13 March 2024
5828104CWC SmartCem 1Chemicals Concrete Works Construction Chemicals Private Limited 28 February 2023 No. 21296 November 2023 closed6 March 2024

Goods and services claimed

Class 37: Construction, installation and repair · application 5832182

Services ancillary to use of Construction Chemicals in Building construction; repair; installation services

Use claimed since 09/06/2021 · Mumbai office · full journal entry

Class 1: Chemicals · application 5828104

Construction Chemical used for industrial and Infrastructure purposes

Use claimed since 09/06/2021 · Mumbai office · full journal entry

Can I use or register "CWC SmartCem"?

For the same or related goods, probably not. In class 1 (chemicals) and class 37 (construction, installation and repair), 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 35 (advertising, business and retail), class 31 (fresh produce and agriculture) and class 19 (building materials), 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. "CWC SmartCem" 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 CWC SmartCem

Is CWC SmartCem a registered trademark?

CWC SmartCem has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 13 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 CWC SmartCem trademark?

As advertised: Concrete Works Construction Chemicals Private Limited.

Can I register a trademark similar to CWC SmartCem?

Not for the same or related goods in class 1, class 37: 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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