Updated on October 01, 2024 05:04:19 PM
Trademark Registration in Kerala invites businesses to the captivating land of backwaters, lush greenery, and rich cultural heritage. Located on the southwestern coast of India, Kerala offers a vibrant marketplace for entrepreneurs and enterprises to establish their distinctive brand identities. The process of trademark registration in Kerala provides legal protection and exclusivity for names, logos, and symbols, safeguarding against unauthorized use and imitation.
By registering their trademarks in Kerala, businesses can solidify their market presence, gain consumer trust, and unlock countless opportunities for success in this enchanting state. This proactive step empowers businesses to thrive and make a lasting impact in Kerala's dynamic business landscape.
“Indian Trademark Act, 1999” grants Registration of a Trademark. TM Registration is a legal process to register a mark or symbol of a brand. TM Registration in Kerala can give acceleration a brand reputation that builds trust and loyalty among consumers.
Trademark Sample Certificate
A Trademark is a visual representation, such as a logo, that sets a product or brand apart from others, making it unique. Its purpose is to establish a recognizable image of a business in the marketplace. Trademarks can take various forms, including symbols, patterns, colours, shapes, or words.
In Kerala, Trademarks can be registered under "The Trademark Act, 1999," offering brand owners legal protection and exclusive rights. The primary objective of Trademark Registration is to distinguish a product or service from others in the same industry. By Trademarking a brand, the confusion arising from similarities can be avoided.
Numerous things, including the following, may be registered as Trademarks in Kerala:
In Kerala, Trademark Registration is open to everyone. They might be:
Before applying for a Trademark, it is crucial to conduct a thorough search to ensure its availability. This search helps minimize the chances of application rejection. It is advisable to seek professional assistance to conduct a comprehensive Trademark search.
Filing the Trademark application is the initial step towards Trademark Registration in Kerala. During this stage, the applicant must provide accurate information about their product or service. It is essential to have a good understanding of the product or service and select the appropriate Trademark classes. Filing the application with incorrect classes increases the risk of rejection.
Upon filing the application, the applicant can start using the ™ symbol alongside their brand, indicating that the Trademark Registration process is underway. This symbol signifies that the applicant is claiming rights to the Trademark.
Once the application process is completed, it undergoes examination by the Trademark Department, specifically the Controller General of Patent, Design & Trademark. During this stage, the department reviews the application to identify any similarities with existing marks. If the registrar finds any similarities, they will send a notice for a reply. If no similarities are found, the application moves forward for advertising in the journal.
At this stage, the Trademark Application is advertised in the journal, making it public. Anyone has the right to raise objections within a period of three months if they believe the applied Trademark is similar to an existing one. If no objections are raised, the application is accepted and registered.
If objections are raised within the three-month period, the application enters the trademark opposition process. A hearing is conducted by the department, where both parties are given an equal opportunity to present their arguments. They can submit relevant statements and evidence to support their respective positions. If the registrar finds the applicant's statements and evidence acceptable, the applied Trademark is approved and registered. Otherwise, the application is rejected.
This is the final stage of Trademark Registration in Kerala. If the applied Trademark does not face any objections or opposition, it receives a Registration certificate. Once the Registration certificate is obtained, the applicant gains legal rights over their Trademark and can use the circled R symbol (®) to indicate that it is a registered Trademark.
Note: The applicant must renew their Trademark every ten years as part of the renewal process. Failure to renew in a timely manner may result in the loss of 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.
| Steps | Online Government fees | Offline Government fees |
|---|---|---|
| TM Registration fees for individuals | 4500 | 5000 |
| TM Registration fees for company | 9000 | 10000 |
| TM Amendment fees | 900 | 1000 |
| Trademark Renewal fees | 9000 | 10000 |
| Trademark Restoration fees | 9000 | 10000 |
| TM Belated Renewal fees | 12000 | 13000 |
| TM Rectification fees | 9000 | 10000 |
| Trademark Opposition process fees | 2700 | 3000 |
| 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.
Here is the complete list of documents required for Trademark Registration in Kerala:
A complete and appropriate set of documents is essential for the Trademark Registration in Kerala, as insufficient information increases the possibility of rejection of a trademark application.
The following are some parameters that the applicant should keep in mind while registering a Trademark in Kerala.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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Trademark Registration in Kerala serves as a gateway to unlock the enormous business potential in this coastal state. Kerala offers a distinctive marketplace for business owners and companies because of its stunning natural surroundings, booming industry, and rich cultural heritage. Businesses may create their unique brand identities, safeguard their intellectual property, and gain a competitive edge in the market by registering their trademarks in Kerala.
In addition to providing legal protection, Trademark Registration fosters consumer confidence and trustworthiness. The thriving tourism industry, burgeoning industries, and entrepreneurial spirit of Kerala make trademark registration a crucial tool for companies wishing to thrive and leave a lasting impression in this alluring state. It provides you with countless prospects for development, progress, and achievement in the dynamic Kerala business environment.
>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.
Any person or corporate entity is qualified to register a Trademark in Kerala, but their Trademark must be distinctive from those that are already registered.
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