Procedure for Trademark Registration in Kerala

Kerala is a state which is located on the southwestern Malabar Coast of India. Any business or individual can apply for trademark registration in Kerala to protect their unique brand identity. They will gain exclusive rights to use the mark and stop others from using or copying the mark after registration. So, we can say that it helps to make a brand stand out, stop others from copying, build trust and connect with customers. In this piece of writing, you will get guidance about the process of trademark registration and more.

What Is Trademark Registration?

A trademark is a distinct mark that allows people to identify a brand in a marketplace, which is separate from others. A valid trademark acts as a brand identifier for customers. This helps prevent confusion when they identify a brand. This helps prevent confusion while people identify a brand. A trademark registration is the process of giving protection to a unique brand name, slogan, logo or symbol. In other words, we can also say that it is a process for registering a mark of a brand. A trademark owner will gain the exclusive right to continue use of the mark. They can also use the “R” symbol after registering a trademark. A trademark is followed by the Trade Marks Act, 1999, in India. The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce & Industry manages this registration.

Nice Classifications under Trademark Registration

A trademark is categorised into 45 unique classes in India as per the Nice Classification. Each class is similar to kinds of goods or services. Classes from 1 to 34 specify goods or products. On the other hand, classes from 35 to 45 cover services.

Types of Trademark Registration in Kerala

There are different types of trademark registration in Kerala:

Device Mark

A device mark means a mark that uses a graphic design, image, or symbol instead of words. It is also called a figurative mark or logo mark. In this mark, it can include visual elements such as logos, monograms, or specific designs. It helps people protect the trademark with its specific design.  For example, the Apple logo, the half-bitten apple silhouette, which is used independently or with the word “Apple”.

Colour mark

A colour mark is a mark which has a specific colour or a combination of colours. These unique colours are different from others. This type of mark is generally used to identify the origin of goods or services. For example, Cadbury's Purple (Pantone 2685C), which is used for chocolate wrappers. It is recognised in the UK and India. The other example of this mark is Tiffany blue colour, which is owned by Tiffany & Co.

Word Mark

A Wordmark is a kind of a text, phrase, letters, or numerals of a mark used by a brand. It can include company names, product names, and so on. For example, the name of a “Coca-Cola” specifies the word itself. It is generally used to protect the word of a brand. We can say that, a word mark is the most common type among the different types of trademarks.

Sound Mark

A Sound mark is a distinct sound of the products or services of a brand from suppliers. It is used to identify the source of products or services through sound. This allows customers to recognise the products or services by listening or hearing to their sound. For example, the famous five-note “Intel Inside” chime. Registered globally.

Pattern Mark

A 2D Pattern Mark is considered as the most creative types of trademark registration in Kerala. This mark represents the unique patterns of a specific brand. It helps in recognising the source of a brand. However, this mark helps to protect the patterns of a brand. You can easily identify the brand with its exceptional design. For Example, the unique design pattern on certain Louis Vuitton bags.

Shape Mark

A 3D Shape Mark is a kind of mark which is used to secure the unique and distinct shape of the product. It helps customers to identify and purchase the products on the basis of shape. For example, the triangular shape of a Toblerone chocolate bar. 

Collective Mark

A Collective mark represents the products and services of a particular group. A group or association used it to protect their goods or services. 

Certification Mark

A Certification Mark is defined as mark which is used to certify a product or service. This helps to certify that the products or services follow certain standards regarding their origin, material, quality, method of manufacture, or other defined characteristics. An authorised proprietor who acts as a certifying body issued it. This mark is used by other traders whose goods or services comply with the specified standards. For example, the FSSAI Logo, which is issued by the Food Safety and Standards Authority of India. It certifies the Safety and hygiene of food products.

Who Can Apply for Trademark Registration in Kerala?

Listed below are the entities that can apply for trademark registration in Kerala:

Individual

Any individual can apply to register a trademark to secure a word, symbol, or logo which they intend to use. There is no requirement to run a business or any commercial activity for filing an application. They will receive the right to use the mark when a trademark registration gets approved.

Proprietorship Firm

A proprietorship can apply for a trademark registration in the name of the owner. A trademark applicant cannot apply just by using the business name for it. The official registration consists of the name of the proprietor and a name of the business. Each is treated separately.

Partnership Firm

A trademark application must include the names of all partners in a firm with up to 10 members. When a partner is a minor, a guardian is required to represent the minor.

Hindu Undivided Family (HUF)

A Hindu Undivided Family (HUF) will be recognised for taxation. It is not considered as a separate “legal entity” like a registered company or a partnership firm. So, they are eligible to apply for trademark registration in Kerala. All family members will be included, directly descended from a common ancestor. Karta, serves as the head and decision maker to manage the family business and assets. The application should mention the HUF, along with the information of its Karta and members. Trademark registration helps to secure its brand name, logo, its goodwill, and creates a valuable family-owned intellectual property. It also helps in legally defending against imitators and supports online and global expansion.   

Trust

A registered trust will be able to apply for trademark registration when it uses a brand name for its specific goods or services. The names of all the trustees need to be included when filing. When it gets registered, the trademark may be owned by the trust. They can further use it for their various activities, services, or even publications.

One Person Company (OPC)

A One Person Company refers to a registered business which is owned by an individual. It is eligible to get trademark registration in the name of the company, but not in the owner's name. Once a trademark becomes registered, it becomes the property of OPC. Then, the owner of such a company can manage and use it for business activities through the company.

Society

A society will be able to register a trademark for its name, symbol, or service. The application must specify the identities of important office bearers, such as names and designations of office bearers. The trademark allows the group to establish an identity and prevent misuse of its brand in public spaces or events.

Public or Private Limited Company (PVT)

A Private or Public Limited Company both can register for a trademark in the name of the company. When there is a trademark registration, its brand identity, products, services, and overall business operations remain protected.

Limited Liability Partnership (LLP)

An LLP has its own legal identity. In case of registering a trademark, it can be applied only in the name of the LLP and not in the names of partners. The rights belong to the LLP only. Each partner maintains an individual identity. In LLP, partners do not hold personal ownership of the trademark. 

Documents Required for Trademark Registration in Kerala

Here are the key documents are required for trademark registration in Kerala:

1. ID and Address proof of the applicant, like an Aadhaar card, PAN card, Passport, utility bill, bank statement, Voter ID, etc.
2. Form TM-A, which means Trademark application form
3. Business Proof that includes Certificate of Incorporation or Partnership Deed (for firms).
4. Trademark Image, which means a Clear JPEG image of the logo/wordmark.
5. TM-48 means Power of Attorney (if applicable).
6. Udyog Aadhaar or MSME Certificate (if applicable)
7. A user affidavit is required if the trademark is already being used.

How to Obtain a Trademark Registration in Kerala?

Below are the steps to obtain a trademark registration in Kerala:

Step 1: Conduct a Trademark Search

You must conduct a trademark search before applying for registration to avoid rejection or disputes. It is the beginning of the process. In this process, you must search for a trademark that has already been chosen. You must search that whether your name or logo is not similar to other existing mark. You can check it on the Public Search tool from the IP India portal. A trademark search will give you the relevant information about already filed similar trademarks in the Trademark Registry.

Step 2: Determine the Appropriate Trademark Class

Trademark is categorised into 45 classes under the Nice Classification system for goods and services. You should choose the correct trademark class from the official classification list as per your needs to avoid rejection, complications, or approval delays.

Step 3: File the Trademark Application (Form TM-A)

You have to collect all your relevant documents as mentioned above before applying for a trademark registration in Kerala. Then, you have to fill out and submit the TM-A form for trademark registration with the necessary details. You can submit it online on the official IP India portal. In case of offline, you need to submit it at the Trademark Registry Office. 

Step 4: Examination by the Trademark Office

Once you submit your regarding your trademark, the Trademark Office will review it. The examiner checks that the trademark is not similar to any other mark and verifies all your submitted documents. Then, your application will proceed to the next step if it meets all the requirements. In case the registrar finds any issues, the application will be put on hold, and you will be informed.

Step 5: Objection by the Registrar

When the registrar finds any issues, they may raise an objection. This will happen if the mark is similar with an existing mark or if it uses a generic name. A formal objection can be raised under Section 9 or 11 of the Trademarks Act. In the notice, you will find the hearing date. If you receive this notice, it does not mean rejection.  It means you need to correct the mistakes in the application if they appear.

Step 6: Replying to the objections

Once you will receive an objection, you should reply to it within 30 days of get it. You must give clear explanations, valid supporting documents, and strong reasons while replying to it. A reply should be well-drafted to resolve objections and avoid unnecessary delays in the process. Once the registrar gets satisfied with your response, the application will proceed to the next stage. In case of failing to reply on time, your application may be put on hold, which can affect approval.

Step 7: Publication in the Trademark Journal

The trademark will be published in the Trademark Journal for four months if the registrar agrees to your trademark application. It is published by the Trademark Registry. Then, your trademark is displayed to the public. Any person or business can raise opposition during this time against a trademark after the publication. 

Step 8: Opposition Notice and Reply

If any person or business opposes your trademark registration, they should file a notice of opposition. You will be informed about it by the registrar. Then, you need to respond to the notice within 2 months and attach supporting documents to support your claim.

Step 9: Hearing of Opposition

When the opposition continues after your reply, the registrar schedules a hearing date and informs both parties about it. Both sides should present their arguments in the hearing. The registrar reviews your counterstatement. If it is valid and convincing, your application will proceed to the next stage of the trademark registration process.

Step 10: Registration and certificate issuance   

Once a registrar approves your trademark, you will get an official Trademark Registration Certificate. The registration is valid for ten years from the application date. You must renew the trademark every ten years to maintain exclusive ownership and protection. 

Trademark Registration Fees in Kerala

Here is the chart outlines the trademark registration fees in Kerala:

Key Benefits of Trademark Registration in Kerala

Below are the benefits of trademark registration in Kerala:

Exclusive Rights

Once a trademark is registered, a trademark owner will gain the exclusive right to continue the use of the mark. They will also have the right to take strict action against unauthorised use and infringement of their mark.

Accessibility

A trademark applicant can file their trademark application anytime and anywhere through the IP India portal. It is allocated to businesses and individuals for filing applications, status tracking, and document submission regarding trademark registration through the digital platform. 

Brand Awareness and value

A valid trademark helps customers to identify the products or services of a specific brand from others. So, you will able to maintain brand recognition and trust in the market after registering a trademark.

Brand Protection

Trademark registration in Kerala protects the brand from fraud and prevents competitors from using a similar mark. It improves the value of a brand by replacing it with a valuable asset for the authenticity and effectiveness of a product and service. 

Build Goodwill and trust

A registered trademark helps to build goodwill and trust in a brand. It creates regular loyal customers to identify the products or services of a particular brand within the market. It also helps to maintain the brand image in the market.

Differentiate products or Services from others

It differentiates the products and services from its competitors. When a customer see products or services of a specific brand, they can easily identify it. It also helps to prevent confusion while choosing a product or service.

Product Quality

A Trademark Registration is an official form of protection for ensuring a product quality. It helps to attract new customers for a specific brand in the market. It also helps to manage a consistently high-quality standard of a product.

Ten years Validity

A registered trademark remains valid for 10 years. It helps to protect the mark from infringement by preventing others from using a similar mark. It also helps to maintain the brand identity and brand image in the market.

Conclusion

Therefore, we can consider Kerala as a vibrant business market. In this state, businesses or individuals should apply for a trademark registration in Kerala to protect their brand. So, it is helpful for them to keep their brand safe, build customer trust, and strengthen their business identity after completing registration. If you need any type of assistance with it, get in touch with Online Legal India.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.

FAQ

Q1. Can I apply for trademark registration in Kerala?

Yes, you can apply for trademark registration in Kerala through the official IP India portal. You can also apply it by submitting a physical application at the trademark registry office.

Q2. Which categories can apply for trademark registration in Kerala?

Any individual, startup, company, Hindu Undivided family (HUF), partnership firm, Limited Liability Partnership (LLP), and so on can apply for trademark registration in Kerala.

Q3. What is the fee for trademark registration in Kerala?

The government fee is Rs. 4,500 per class for e-filing. In case of physical filing the fee is Rs. 5000 per class for individuals, startups, and MSMEs. The applicable fee is Rs. 9,000 per class for e-filing and Rs. 10,000 per class for physical filing for companies and large enterprises.

Q4. How long does a trademark remain valid?

A trademark remains valid for 10 years after registration.

Q5. Is trademark registration in Kerala valid across India?

Yes, a trademark registration in Kerala is valid across India.