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Is OXYSMART trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 7, 11, 32 · latest 28 March 2022

Yes, "OXYSMART" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal between 24 January 2022 and 28 March 2022, in class 7 (machines and motors), class 11 (lighting, heating and cooling) and class 32 (beverages, non-alcoholic), by Godrej & Boyce Mfg. Co. LTD. and an individual applicant. The opposition windows have closed.

3 applications named OXYSMART

ApplicationClassApplicantFiledAdvertisedOpposition
5312566OXYSMART 32Beverages, non-alcoholic Individual applicant (S. A. S.) 3 February 2022 No. 204528 March 2022 closed28 July 2022
5249452OXYSMART 7Machines and motors Godrej & Boyce Mfg. Co. LTD. 16 December 2021 No. 203731 January 2022 closed31 May 2022
5249456OXYSMART 11Lighting, heating and cooling Godrej & Boyce Mfg. Co. LTD. 16 December 2021 No. 203624 January 2022 closed24 May 2022

Goods and services claimed

Class 32: Beverages, non-alcoholic · application 5312566

Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Proposed to be used · Mumbai office · full journal entry

Class 7: Machines and motors · application 5249452

Washing apparatus, Washing machines.

Proposed to be used · Mumbai office · full journal entry

Class 11: Lighting, heating and cooling · application 5249456

Air conditioning apparatus, Cooling appliances and installations, Refrigerating apparatus and machines.

Proposed to be used · Mumbai office · full journal entry

Can I use or register "OXYSMART"?

For the same or related goods, probably not. In class 7 (machines and motors), class 11 (lighting, heating and cooling) and class 32 (beverages, non-alcoholic), 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 8 (hand tools), class 12 (vehicles), class 37 (construction, installation and repair) 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. "OXYSMART" appears in 3 classes; the other 42 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 1 similar name in the same class (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 OXYSMART

Is OXYSMART a registered trademark?

OXYSMART has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 28 March 2022). 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 OXYSMART trademark?

As advertised: Godrej & Boyce Mfg. Co. LTD.; plus 1 individual applicant.

Can I register a trademark similar to OXYSMART?

Not for the same or related goods in class 7, class 11, class 32: 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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