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Is Smilin Tree trademarked in India?

2 applications advertised in the Trade Marks Journal · classes 3, 25 · latest 20 May 2024

Yes, "Smilin Tree" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 31 July 2023 and 20 May 2024, in class 3 (cosmetics and cleaning) and class 25 (clothing, footwear and headwear), by Snvi Styles Private Limited. The opposition windows have closed.

2 applications named Smilin Tree

ApplicationClassApplicantFiledAdvertisedOpposition
5719528Smilin Tree 25Clothing, footwear and headwear Snvi Styles Private Limited 13 December 2022 No. 215720 May 2024 closed20 September 2024
5719527Smilin Tree 3Cosmetics and cleaning Snvi Styles Private Limited 13 December 2022 No. 211531 July 2023 closed1 December 2023

Goods and services claimed

Class 25: Clothing, footwear and headwear · application 5719528

Readymade Garments Included in class 25. SUBJECT TO USE THE MARK AS A WHOLE AS REPRESENTED IN THE FORM OF APPLICATION..

Proposed to be used · Ahmedabad office · full journal entry

Class 3: Cosmetics and cleaning · application 5719527

COSMETIC PRODUCTS INCLUDED IN CLASS 3.

Proposed to be used · Ahmedabad office · full journal entry

Can I use or register "Smilin Tree"?

For the same or related goods, probably not. In class 3 (cosmetics and cleaning) and class 25 (clothing, footwear and headwear), 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 44 (medical, beauty and agricultural services) 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. "Smilin Tree" 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.

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Questions about Smilin Tree

Is Smilin Tree a registered trademark?

Smilin Tree has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 20 May 2024). 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 Smilin Tree trademark?

As advertised: Snvi Styles Private Limited.

Can I register a trademark similar to Smilin Tree?

Not for the same or related goods in class 3, class 25: 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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