Trademark Registration in Kerala

A trademark is an official or legal mark that differentiates one product or service provider from other products or service providers. It plays a crucial role in providing exclusive rights to the registered individual and preventing unauthorised use of the company’s or an individual’s goods/services/name without their consent.

So, if looking into the process of trademark registration in Kerala, this article gives insight into its types, procedure, required documents and so on.

Different types of trademark registration in Kerala are carried out to claim ownership over your business or organisation. It includes:

• Product Mark: A product mark is used on products or goods to help maintain the reputation of a business.
• Service Mark: It is used for services. As it works for all the non-product items, it distinguishes the legal service provider or proprietor from other service providers.
• Shape Mark: A shape mark is a type of trademark that protects the shape of a specific product. It makes it unique to a particular manufacturer.
• Pattern Mark: A pattern mark is used to protect the specific pattern of a product.
• Sound Mark: It refers to the type of sound mark used against a specific tune or sound of a company; no other company can use it without its permission.
• Certification Mark: This mark registers the origin of a product, its quality, material and other specific details showing the actual standards of a product that has undergone different testing and indicating high quality.
• Collective Mark: This mark is used to represent a collaboration of products or services.

The Trademark Act of 1999 certifies 45 classes of Trademarks of goods or services under the Trademark registration process in India. These include 34 types of goods and 11 types of services. For each one of them, an entrepreneur needs a trademark licence.

Any individual or organisation can protect their business with the help of Trademark registration. However, there is a comprehensive guide on the eligibility criteria for applying for Trademark registration. It should be:

• A single individual
• Any Indian company
• Joint owners of a company or organisation
• Proprietorship Firm
• Partnership Firm
• Society or Trust
• Limited Liability Partnership or LLP

While carrying trademark registration in Kerala, one needs to submit a few documents for verifying purposes. These include:

• Identity, nationality and address proof.
• Proof of business like MSME or Start-up India Certificate.
• Your Trademarks, such as Brand Name, Logo or Slogan.
• Power of Attorney documents such as TM-48 filing.
• Documentary proof such as invoices and registration certificates with the Trademark.
• User Affidavit to claim specific user data.
• Board Resolution.

While applying for online Trademark registration in Kerala, there are some steps that applicants need to follow compulsorily. These include:

Step 1: Search for the class of your Trademark for the registration process of products or services.

Step 2: Visit the IP India Trademark website to check if there is already any registration with a similar Trademark.

Step 3: Now, fill out and submit your Trademark application online on the website.

Step 4: After this, the Registrar will examine your Trademark to see if it is genuine to proceed with a Registration.

Step 5: When the Trademark is approved, it will be published in the Trademark Journal.

Step 6: In the final step, you can obtain a registration certificate if there is no obligation or if the Trademark registry found your replies satisfactory to the opposition.

The applicant will get the status of approval or rejection of the trademark registration procedure in Kerala through an SMS, if any. After the verification, the applicants will receive the Trademark registration certificate through delivery or post to the address provided during the application in a stipulated period of time.

Owners can carry online or offline trademark/ brand name registration in Kerala. The applicant must visit the respective “CSC” centre to apply through centres.

Step 1: Locate the centre as per the respective district and visit the office.

Step 2: Make sure to have the required documents for authentication along with a duly filled registration form.

It is noted that the documents should be original for scanning purposes.

Step 3: Now, the operator will process the application you submitted along with the required documents.

Step 4: Then, the applicant will receive an application number as an acknowledgement of successful submission.

To check the status of your Trademark registration, follow the steps below-mentioned:

Step 1: Visit the IP India online website.

Step 2: Select 'Trade Mark Application/Registered Mark' from the left side menu.

Step 3: Then select 'National/IRDI Number'.

Step 4: Now, enter the Trademark Application Number and the captcha. Click on the 'View' button.

After that, you can get to see the status of your Brand registration in Kerala. Moreover, you can see an alert indicating its next steps.

Trademark registration in Kerala has 2 types of costs for its registration process. These are as follows:

• Professional Fees: Profession fees differ from service provider to service provider.
• Government Fees: Government fees are levied on the organisation or company structure that applied for Trademark registration. For a sole proprietor or an individual, the Government fees will be ₹4500. However, the cost for registration will be ₹9000 in case of non-individual applicants or business owners.

However, there are exceptions in cases the government charges for brand name registration in Kerala for businesses like Startup India or MSME registration etc.

Note: Objections Dependent Costs Drafting legal responses to objections can and would depend on how complex the matter is.

There are several benefits of carrying trademark registration in Kerala, and it adds value to your company in the long run. These include:

• Legal Protection: Trademark registration provides legal protection to the company or individual against misuse of its name, logo, symbol or uniqueness.
• Brand Recognition: It authenticates your brand name, logo, and symbol and makes it easier for consumers to identify and reach your services or products. Besides, it also creates brand value over time.
• Exclusive Right: You can enforce all the ownership rights if someone infringes the trademark. Moreover, it helps in utilising its ownership through several mediums with the power of the Internet and social media.
• Asset Creation: A trademark is an intangible asset for a company’s growth as it attracts and retains consumers with its recognition.
• Ease of Proving Infringements: If someone infringes your trademark, then you have a much easier time proving your case in court when your trademark is registered.

Therefore, it is essential for your business to represent the reputation and excellence of your products or services with trademark registration. Consider all these steps and information which carry trademark registration in Kerala for a smooth application process. This article will guide you in every way to avoid rejection and delays.