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Is SMARTWORLD GEMS trademarked in India?

3 applications advertised in the Trade Marks Journal · classes 36, 37, 43 · latest 6 December 2021

Yes, "SMARTWORLD GEMS" has been applied for as a trademark in India. 3 applications under this name were advertised in the Trade Marks Journal on 6 December 2021, in class 36 (finance, insurance and real estate), class 37 (construction, installation and repair) and class 43 (food services and accommodation), by Smartworld Developers Private Limited. The opposition windows have closed.

3 applications named SMARTWORLD GEMS

ApplicationClassApplicantFiledAdvertisedOpposition
5161821SMARTWORLD GEMS 36Finance, insurance and real estate Smartworld Developers Private Limited 6 October 2021 No. 20296 December 2021 closed6 April 2022
5161820SMARTWORLD GEMS 37Construction, installation and repair Smartworld Developers Private Limited 6 October 2021 No. 20296 December 2021 closed6 April 2022
5161819SMARTWORLD GEMS 43Food services and accommodation Smartworld Developers Private Limited 6 October 2021 No. 20296 December 2021 closed6 April 2022

Can I use or register "SMARTWORLD GEMS"?

For the same or related goods, probably not. In class 36 (finance, insurance and real estate), class 37 (construction, installation and repair) and class 43 (food services and accommodation), 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 42 (software, it and design services), class 35 (advertising, business and retail) and class 19 (building materials), 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. "SMARTWORLD GEMS" 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 10 similar names in the same classes (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 SMARTWORLD GEMS

Is SMARTWORLD GEMS a registered trademark?

SMARTWORLD GEMS has been applied for and advertised in the Trade Marks Journal (3 applications, latest on 6 December 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 SMARTWORLD GEMS trademark?

As advertised: Smartworld Developers Private Limited.

Can I register a trademark similar to SMARTWORLD GEMS?

Not for the same or related goods in class 36, class 37, class 43: 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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