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Is HOMESMITHS trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 6, 21 · latest 8 July 2024

Yes, "HOMESMITHS" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 11 October 2021 and 8 July 2024, in class 6 (metal goods) and class 21 (household and kitchenware), by Proprietor of Home Smiths and Proprietor of Wulf. Of these, 1 is a logo whose text we read as "HOMESMITHS". The opposition windows have closed.

2 applications named HOMESMITHS

ApplicationClassApplicantFiledAdvertisedOpposition
6374184logo mark 6Metal goods Proprietor of Home Smiths 5 April 2024 No. 21648 July 2024 closed8 November 2024
5134298HOMESMITHS 21Household and kitchenware Proprietor of Wulf 16 September 2021 No. 202111 October 2021 closed11 February 2022

Goods and services claimed

Class 6: Metal goods · application 6374184

Hardware Goods, Door & Window Fittings Including Lock Of Metal, Nut, Bolts, Screw, Washer Of Metal, Pipes And Tubes Of Metal;, Iron Pipes, Aluminums Pipes, Pipe Fittings (Metal), Springs(Metal), Clips(Metal), Chains (Metal), Hook (Metal), Hinges (Metal), Brass, Hose Clamps (Metal), Metal Handles, Gate Hooks (Metal), Door Locks, Door Stopper, Door Safety (Metal), Curtain Wire, Hardware Spring, Fasteners Of Common…

Proposed to be used · Delhi office · full journal entry

Class 21: Household and kitchenware · application 5134298

HOUSEHOLD KITCHEN UTENSILS, NAMELY, GRATERS, SPATULAS, STAINERS, TURNERS, SKIMMERS, WOOD CHOPPING BLOCKS, SERVING FORKS AND SERVING SPOONS; HOUSEHOLD CONTAINERS OF PLASTIC, BAMBOO FOR HOUSEHOLD OR KITCHEN USE FOR FOOD AND BEVERAGE; CANISTERS FOR HOUSEHOLD AND KITCHEN USE; CUTTING BOARDS, LAZY SUSAN AND SALAD BOWLS; PICNIC BASKETS SOLD EMPTY; STORAGE BASKETS IN RATTAN, SEAGRASS, BAMBOO WILLOW, VINYL, RESIN OR FABRIC…

Proposed to be used · Mumbai office · full journal entry

Can I use or register "HOMESMITHS"?

For the same or related goods, probably not. In class 6 (metal goods) and class 21 (household and kitchenware), 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 19 (building materials), class 20 (furniture), class 7 (machines and motors) and class 37 (construction, installation and repair), 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. "HOMESMITHS" 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 HOMESMITHS

Is HOMESMITHS a registered trademark?

HOMESMITHS has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 8 July 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 HOMESMITHS trademark?

As advertised: Proprietor of Home Smiths; Proprietor of Wulf.

Can I register a trademark similar to HOMESMITHS?

Not for the same or related goods in class 6, class 21: 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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