Trademark Registration in Kerala– Process, Cost, and Documents Required

Introduction

Kerala is the southernmost state of India. It is famous for its high education rate as well as amazing natural beauty. The tourism industry is one of the many industries doing very well in Kerala. Getting trademark (TM) registration in Kerala is very important for businesses to protect their brand name, logo, symbol etcetera. Trademark registration, also known as brand registration or logo registration in Kerala can easily be done online from the comfort of your home. In this article, we will explain everything you need to know about trademark registration online.

What can be a Trademark?

In simple terms trademark is a logo or any other marker that helps differentiate the products or services of one brand apart from other brands. Generally people Trademark logos hence, it is also popularly known as logo registration. For example, the word “Amul” helps set their butter apart from the butter of any other brand or individual. Trademarks can be of various kinds, such as logos, patterns, words, phrases, etc. In certain cases, you can even trademark smells! Trademarks in Kerala come under the purview of The Trademark Act, 1999. Here is an exhaustive list of what can be trademarked in Kerala:

• Logos
• Names
• Symbols
• Shapes
• Sounds
• Phrases/taglines
• Arrangement of colour
• Any unique combination of numbers and words

Who can apply for a Trademark

In Kerala, the following people can apply for trademark registration:

• Individuals
• Private limited companies (PLC)
• Trusts
• Sole proprietorships
• One Person Companies (OPC)
• Limited liability partnerships (LLPs) and partnership firms
• Startups

Advantages of Trademark Registration in Kerala

• Exclusive Rights over the trademark.
• Builds Trust and Goodwill amongst consumers.
• Differentiates your Product or Services from that of your competitors
• Consumers tend to attach quality to a brand’s name. If your brand has an identifiable trademark, consumers can recognize the quality of your products and services more clearly.
• Creation of Asset for your company
• Use of ® Symbol stating no one else can use your trademark
• 10 years of protection for your Trademark which you can renew infinite times.
• You can apply for Global Trademark Registration

Documents Required for Trademark Registration

You need to provide the following documents for Trademark or brand registration in Kerala:

• Proof of Applicant: This includes documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals. 
• Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you’re trying to register.
• Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo. 
• MSME/ Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
• Power of Attorney: You have to file TM-48. It is a legal document that allows a Trademark attorney to file the Trademark on your behalf with the Trademark registry.
• Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. This depends on the Trademark being registered. Your Trademark Attorney will ask for it before application submission.   

Process of Trademark Registration in Kerala

The process for Trademark registration or logo registration is quite vast and requires the help of legal experts. In summary, it has the following steps. We’ve divided it into 3 parts.

Before submitting the application

• First, you have to pick the apt Trademark class for registration of your goods or services.

Use Our Trademark Class Search Tool:

• Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to use the IP India Trademark website.

Submitting the application

• Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website. You can start using the TM symbol next to your Trademark after successful submission.

All the steps that have been mentioned so far, including submitting the Trademark application can be finished within 4 days if you opt for LegalWiz.in’s services.

After submitting the application

• The fourth step is for the Registrar to examine your Trademark and evaluate if it’s appropriate for Trademark Registration. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
• Once approved, the Trademark is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.
• Finally, you will receive your registration certificate if there was no opposition or if the Trademark registry found your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark.
• You need to renew a Trademark every 10 years. Trademarks can be renewed infinite times; this means you can own a Trademark forever.

To understand the Trademark Registration Process in detail, you should go through this article: Understanding Trademark & its Registration Process in India

Checking your TM Application Status

The application process for TM registration in Kerala can take some time. That is because has different requirements from you based on which step the application has reached. Hence, you should check on your trademark application from time to time. To check your trademark status follow the following steps:

1. Go to IP India online website, 
2. Select Trade Mark Application/Registered Mark from the left-hand side menu,
3. Select National/IRDI Number, 
4. After that, enter your Trademark Application Number, enter the captcha, and click on View Button
5. Now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps.

Why you need to get Trademark Registration in Kerala

The importance of Trademark registration in Kerala comes from the fact that Kerela has a highly educated population and has the highest digital reach out of all Indian states. Additionally, due to the KSUM (Kerala Start-up Mission) initiative, Which provides subsidies and facilities to new businesses,  the state has become a highly preferable location for people to set up their businesses. It is very important to trademark your brand in Kerala to make sure that your brand is protected and that you can take the required action against any infringer online or offline.

Fees & Cost for Trademark Registration in Kerala

TM Registration in Kerala carries two types of costs:

1. Government Fees:  The one who is applying for Trademark Registration, their business structure decides their government fees. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).  
2. Professional Fees: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages:

Conclusion

In the realm of Trademark Registration in Kerala, the importance of safeguarding your brand cannot be overstated. Trademark registration is a crucial move for businesses of all sizes. Kerala’s digital prominence and initiatives like KSUM make trademark protection paramount. The process, divided into pre-application, submission, and post-application stages, requires attention to detail. The whole process is online, which helps make brand registration in Kerala more accessible for all. With professional help, the process for TM registration in Kerala can be made completely seamless. Always remember, Trademark registration shields your brand legally, ensuring it stands out in a crowded market!