2 applications named SMITH'S
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5598114SMITH'S | 43Food services and accommodation | Individual applicant (R. A.) | 2 September 2022 | No. 211424 July 2023 | closed24 November 2023 |
| 5598113SMITH'S | 39Transport, logistics and travel | Individual applicant (R. A.) | 2 September 2022 | No. 209513 March 2023 | closed13 July 2023 |
Goods and services claimed
Class 43: Food services and accommodation · application 5598114
Restaurant, services for providing food and drink; temporary accommodation including hotels, restaurants, guest house, banquet halls, bars, self services restaurants, catering services and cloud kitchen restaurant
Proposed to be used · Delhi office · full journal entry
Class 39: Transport, logistics and travel · application 5598113
Food delivery, delivery of food, food delivery services, delivery of food by restaurants, delivery of hampers containing food and drink, delivery of food and drink prepared for consumption, newspaper delivery, message delivery, delivery (message -), gift delivery, pizza delivery, mail delivery, parcel delivery, flower delivery, delivery (flower -), package delivery, delivery services, document delivery, delivery by…
Proposed to be used · Delhi office · full journal entry
Can I use or register "SMITH'S"?
For the same or related goods, probably not. In class 39 (transport, logistics and travel) 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 35 (advertising, business and retail), class 9 (electronics and software), class 12 (vehicles) and class 30 (staples, spices and confectionery), 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. "SMITH'S" 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 1 similar name in the same class (below).
Similar names in the journal
- SMITHS logosame letters, spaced differently · class 20 (Furniture) · Cotton Smiths
- ARMOUR SMITHScontains the name · class 25 (Clothing, footwear and headwear) · Proprietor of Viraj Enterprises
- Smith Super DAPcontains the name · class 5 (Pharmaceuticals and health) · Smith N Smith Chemicals LTD.
- SMITHSONcontains the name · class 11 (Lighting, heating and cooling) · Individual applicant (H. R. T.)
- SMITHSQUAREcontains the name · class 37 (Construction, installation and repair) · Individual applicant (S. K.)
- SMITHcontains the name · class 5 (Pharmaceuticals and health) · Proprietor of Gss Lifesciences
- SMITHSONS logocontains the name · class 35 (Advertising, business and retail) · Individual applicant (Y. P.)
- GLACIER SMITHsimilar spelling · class 39 (Transport, logistics and travel) · Poddar Projects Limited
- PAUL REED SMITHsimilar spelling · class 99 () · Paul Reed Smith Guitars, Limited Partnership
- Imiza Smithsimilar spelling · class 5 (Pharmaceuticals and health) · Smith N Smith Chemicals LTD
- RE-SMITHsimilar spelling · class 14 (Jewellery and watches) · Pinkcity Jewelhouse Private Limited
- SMITH ALLOYsimilar spelling · class 11 (Lighting, heating and cooling) · Individual applicant (K. L. V.)
Matched by spelling and containment across every issue since August 2021. Our free report and Brand Watch also check sounds-alike names.
Questions about SMITH'S
Is SMITH'S a registered trademark?
SMITH'S has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 24 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 SMITH'S trademark?
The applications were filed by individual applicants. We do not publish individuals' names.
Can I register a trademark similar to SMITH'S?
Not for the same or related goods in class 39, 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.