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Is Martin Smith trademarked in India?

1 application advertised in the Trade Marks Journal · class 15 · latest 11 December 2023

Yes, "Martin Smith" has been applied for as a trademark in India. 1 application under this name was advertised in the Trade Marks Journal on 11 December 2023, in class 15 (musical instruments), by an individual applicant. The opposition window has closed.

1 application named Martin Smith

ApplicationClassApplicantFiledAdvertisedOpposition
4835653Martin Smith 15Musical instruments Individual applicant (S. G.) 26 January 2021 No. 213411 December 2023 closed11 April 2024

Goods and services claimed

Class 15: Musical instruments · application 4835653

Accordions; Bagpipes; Balalaikas [stringed musical instruments]; Bamboo flutes; Bandonions; Banjos; Barrel organs; Basses [musical instruments]; Bellows for musical instruments; Bow nuts for musical instruments; Bows for musical instruments; Bridges for musical instruments; Buccins [trumpets]; Carillons [musical instruments]; Cases for musical instruments; Castanets; Catgut for musical instruments; Chin rests for…

Proposed to be used · Delhi office · full journal entry

Can I use or register "Martin Smith"?

For the same or related goods, probably not. In class 15 (musical instruments), 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 9 (electronics and software), class 41 (education and entertainment) 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. "Martin Smith" appears in 1 class; the other 44 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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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 Martin Smith

Is Martin Smith a registered trademark?

Martin Smith has been applied for and advertised in the Trade Marks Journal (1 application, latest on 11 December 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 Martin Smith trademark?

The application was filed by an individual applicant. We do not publish individuals' names.

Can I register a trademark similar to Martin Smith?

Not for the same or related goods in class 15: 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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