1 application named SMART ACTION
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 4028211SMART ACTION | 5Pharmaceuticals and health | Proprietor of H.M Herbal | 15 December 2018 | No. 20241 November 2021 | closed1 March 2022 |
Goods and services claimed
Class 5: Pharmaceuticals and health · application 4028211
Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for humans and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides
Proposed to be used · Delhi office · full journal entry
Can I use or register "SMART ACTION"?
For the same or related goods, probably not. In class 5 (pharmaceuticals and health), 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 3 (cosmetics and cleaning), class 10 (medical devices), class 30 (staples, spices and confectionery) and class 44 (medical, beauty and agricultural services), 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. "SMART ACTION" 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.
Similar names in the journal
- ArtAction logocontains the name · class 35 (Advertising, business and retail) · Individual applicant (M. Z. P.)
- ACTI-SMART logosimilar spelling · class 29 (Meat, dairy and processed food) · Smart Choice Healthcare LLP
- Smart Accessories logosimilar spelling · class 9 (Electronics and software) · Proprietor of Avneet Electronics
- AUTION EYE Smart Assist logosimilar spelling · class 44 (Medical, beauty and agricultural services) · [International Registration No. : 1818244]
- ACT SmartWiFi ai logosimilar spelling · class 9 (Electronics and software) · Atria Convergence Technologies LTD
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about SMART ACTION
Is SMART ACTION a registered trademark?
SMART ACTION has been applied for and advertised in the Trade Marks Journal (1 application, latest on 1 November 2021). 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 SMART ACTION trademark?
As advertised: Proprietor of H.M Herbal.
Can I register a trademark similar to SMART ACTION?
Not for the same or related goods in class 5: 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.