2 applications named SMARE
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5744259SMARE | 3Cosmetics and cleaning | Heis Cosmectics LLP | 30 December 2022 | No. 21113 July 2023 | closed3 November 2023 |
| 5744260SMARE | 44Medical, beauty and agricultural services | Heis Cosmectics LLP | 30 December 2022 | No. 21113 July 2023 | closed3 November 2023 |
Can I use or register "SMARE"?
For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 44 (medical, beauty and agricultural services), 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 21 (household and kitchenware), class 35 (advertising, business and retail) and class 10 (medical devices), 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. "SMARE" 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).
Similar names in the journal
- TESMAREcontains the name · class 24 (Textiles and fabrics) · Tesmare India Private Limited
- ShenimsMare logocontains the name · class 31 (Fresh produce and agriculture) · Individual applicant (M. P. J.)
- Livpure Smartsimilar spelling · class 3 (Cosmetics and cleaning) · Livpure Smart Homes Private Limited
- INSURE SMART logosimilar spelling · class 36 (Finance, insurance and real estate) · Individual applicant (N. S. K.)
- Procure Smart logosimilar spelling · class 19 (Building materials) · Procure Smart Infra Hub
- Smartunixsimilar spelling · class 25 (Clothing, footwear and headwear) · Individual applicant (K. R. T.)
- SmartNeurosimilar spelling · class 10 (Medical devices) · Smartqr Technologies Private Limited
- SMARTWEAVEsimilar spelling · class 20 (Furniture) · Duroflex Limited
- SmartDropssimilar spelling · class 3 (Cosmetics and cleaning) · Proprietor of Vivid Enterprise
- SMARTCHEWsimilar spelling · class 35 (Advertising, business and retail) · Wellcon Animal Health Private Limited
- SMART RIDEsimilar spelling · class 12 (Vehicles) · Maruti Suzuki India Limited
- AIR SMARTsimilar spelling · class 10 (Medical devices) · Medequip Healthcaresolutions Private Limited
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about SMARE
Is SMARE a registered trademark?
SMARE has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 3 July 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 SMARE trademark?
As advertised: Heis Cosmectics LLP.
Can I register a trademark similar to SMARE?
Not for the same or related goods in class 3, class 44: 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.