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Is SMOCKTAIL trademarked in India?

2 applications advertised in the Trade Marks Journal · class 32 · latest 20 May 2024

Yes, "SMOCKTAIL" has been applied for as a trademark in India. 2 applications under this name were advertised in the Trade Marks Journal between 5 June 2023 and 20 May 2024, in class 32 (beverages, non-alcoholic), by Awadh Business Solutions (I) PVT LTD and an individual applicant. Of these, 1 is a logo whose text we read as "SMOCKTAIL". The opposition windows have closed.

2 applications named SMOCKTAIL

ApplicationClassApplicantFiledAdvertisedOpposition
5703344logo mark 32Beverages, non-alcoholic Awadh Business Solutions (I) PVT LTD 30 November 2022 No. 215720 May 2024 closed20 September 2024
5595962SMOCKTAIL 99 Individual applicant (D. N.) 5 September 2022 No. 21075 June 2023 closed5 October 2023

Goods and services claimed

Class 32: Beverages, non-alcoholic · application 5703344

NON ALCOHOLIC BEVERAGES, FLAVOURED CARBONATED BEVERAGES, FRUIT JUICES AND VEGETABLE JUICES, MINERAL WATERS, NON ALCOHOLIC PREPARATIONS FOR MAKING BEVERAGES, SMOOTHIES, SODA WATER AND FLAVOURED SODA, AERATED WATER, AERATED JUICES,CARBOHYDRATE DRINKS, BEER AND BREWERY PRODUCTS, FRUIT SQUASHES, WHEY BEVERAGES,FRUIT EXTRACTS LEMONADE,PROTEIN DRINKS, NON ALCOHOLIC DRINKS, SOFT DRINKS AND COLD DRINKS

Proposed to be used · Kolkata office · full journal entry

Can I use or register "SMOCKTAIL"?

For the same or related goods, probably not. In class 32 (beverages, non-alcoholic), 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 33 (alcoholic beverages), class 30 (staples, spices and confectionery), class 29 (meat, dairy and processed food) and class 43 (food services and accommodation), 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. "SMOCKTAIL" 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. We already see 5 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 SMOCKTAIL

Is SMOCKTAIL a registered trademark?

SMOCKTAIL 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 SMOCKTAIL trademark?

As advertised: Awadh Business Solutions (I) PVT LTD; plus 1 individual applicant.

Can I register a trademark similar to SMOCKTAIL?

Not for the same or related goods in class 32: 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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