Trademark registration in Kerala invites businesses to the land of backwaters, beautiful greenery, and rich cultural heritage. Situated on the southwestern coast of India, Kerala offers a lively marketplace for entrepreneurs and enterprises to develop their unique brand identities. Trademark registration in Kerala provides legal protection and exclusive rights for names, logos, and symbols against illegal use and imitation.
By registering their trademarks in Kerala, businesses can establish a strong foothold in the market, build consumer trust, and unlock numerous opportunities for success in this land of enchantment. Such a proactive step thus empowers the business to thrive and leave a strong impact in the vibrant business landscape of Kerala.
"Indian Trademark Act, 1999" grants the registration of trademarks. TM Registration is a legal process to register a mark or symbol of a brand. The trademark registration in Kerala can promote a brand image which will build trust and loyalty among the consumers.
In this article, you will come to know everything about Kerala trademark registration, starting from the legal framework, legalities, and advantages of the trademark registration process to the documentation required, which plays an extremely significant role in providing simple trademark registration in Kerala.
If you want to register your trademark with the least amount of complications, at Professional Utilities, our experts have hands-on knowledge in the process of trademark registration in Kerala. Contact us today for a simplified process of your trademark application.
Trademark Sample Certificate
A trademark refers to a visual sign, like a logo, used by a product or brand to differentiate itself from others in terms of uniqueness. It aims at the development of a company image that everyone recognizes in the market. Trademarks have taken several forms, including, but not limited to, symbols, patterns, colours, shapes, and text.
Trademarks can be registered in Kerala under "The Trademark Act, 1999," which provides legal protection to the brand owner legally along with exclusive rights. The purpose of trademark registration is mainly to differentiate a particular product or service from others in the same category. Trademarking helps the brand avoid confusion caused by similarities.
Trademark registration can be obtained in Kerala for the following, among many other things:
In Kerala, Trademark Registration is available to all. They may be:
It is always important to do a very thorough search to ensure trademark availability before applying for a Trademark. This greatly reduces the number of applications which are rejected. It is advisable to do a comprehensive Trademark search with professional assistance.
The first step for Trademark Registration in Kerala is filing the application. During the process, the right information about the product or service must be provided by the applicant, along with a good understanding of the product or service to select the correct Trademark classes. Applications filed with incorrect classes are at a higher risk of getting rejected.
Immediately upon filing, the applicant may begin using the ™ symbol with their brand, which signifies that the brand is in the process of obtaining Trademark Registration. This symbol means that an applicant claims rights to the Trademark.
After the application process, it is sent for examination by the Trademark Department under the Controller General of Patent, Design & Trademark. The department then checks the application for similarity with other marks. In case the registrar detects a similarity, the applicant is issued a notice for a reply. If no similarities are detected, the application proceeds for advertisement in the journal.
Once the application reaches this stage, it is advertised in the journal, therefore making it public. Any person can file objections on grounds of similarity of the applied Trademark with an existing one within three months. The application will be accepted and registered if no objections are filed.
The application goes into the trademark opposition process if there are objections cited within three months. A hearing is provided by the department, where both parties get a fair opportunity to put forward their arguments. They can present statements and evidence relevant to the positions they have adopted. If the registrar finds the statements and evidence presented by the applicant acceptable, then the applied Trademark is approved and registered, otherwise rejected.
This is the last step involved in Trademark Registration in Kerala. If the applied Trademark faces no objection or opposition, then it gets a “Registration” certificate. Once the Registration certificate is obtained, the applicant obtains legal rights over their Trademark and also has the right to use the circled R symbol (®) to indicate that it is a registered Trademark.
Note: Also, being part of the renewal process, the applicant is supposed to renew the Trademark every ten years. If not done in time, there can be a possibility of losing all legal protection and additional charges for delayed renewal.
The cost of Trademark Registration in Kerala starts at ₹4500, which is Govt fee and the professional fee will be charged additionally.
| Stages | Online TM Government fees | Offline TM Government fees |
|---|---|---|
| TM Registration fees for individuals | ₹4,500/- | ₹5,000/- |
| TM Registration fees for company | ₹9,000/- | ₹10,000/- |
| TM Amendment fees | ₹900/- | ₹1,000/- |
| Trademark Renewal fees | ₹9,000/- | ₹10,000/- |
| Trademark Restoration fees | ₹9,000/- | ₹10,000/- |
| TM Belated Renewal fees | ₹12,000/- | ₹13,000/- |
| TM Rectification fees | ₹9,000/- | ₹10,000/- |
| Trademark Opposition process fees | ₹2,700/- | ₹3,000/- |
| Hearing fees of TM registration | Nil | Nil |
| Fees for Reply to TM Examination Report | Nil | Nil |
Note: The aforementioned Fees is exclusive of GST.
Trademark registration fees in Kerala depend on the number of classes that the applicant wants to include. Government TM registration fee is different for online and offline. The basic online cost of the government for registration is 4500/- and the offline cost is 5000/- only.
The whole process of having a trademark registered in Kerala is online now. You just need to submit the following documents:
Complete and proper documents are required for the trademark registration in Kerala because incomplete information will lead to a high chance of rejection of a trademark application.
Following are some of the parameters the applicant should keep in mind while registering a Trademark in Kerala:
Conclusion
Trademark registration in Kerala opens up the door to a lot of different business opportunities that might be available in this southwest state. Due to its beautiful natural surroundings, prospering industry, and rich cultural heritage, Kerala offers something different for entrepreneurs and companies alike. In addition, with trademark registration in Kerala, a firm can create its unique identity, protect its intellectual property, and eventually obtain an advantage over the competition in the market.
In addition to providing legal protection, trademark registration can ensure consumer confidence and trustworthiness. The entrepreneurial spirit, growing industry, and tourism sector of Kerala make this a land where trademark registration is an important tool for any firm that looks to succeed and leave its mark on this enchanting state. This opens up endless possibilities for growth, advancement, and success in Kerala's growing business arena.
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The required Registration Fees for Trademark Registration in Kerala is ₹4500 per class for individuals and ₹9000 for companies.
There are several steps involved in trademark registration in Kerala, including doing a TM search, submitting a TM application, having it reviewed by the department, encountering opposition, publishing an advertisement in a journal, and receiving a registration certificate.
The Required documents for Trademark Registration in Kerala are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.
Three types of trademarks are: Arbitrary and Fanciful, Suggestive, and Descriptive Trademarks.
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