Overview - Trademark Registration Kerala
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Trademark Registration Online Kerala
A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company’s products and services from those of others. It is also used as a marketing tool to create awareness and recognition of products or services among customers.
A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark. Trademark Registration provides ultimate protection for Business Name, Brand Name, Taglines, Captions, Logo, Symbol or Emblem or a combination of these as Trademark.
There are Different Types of Trademarks such as Word Mark, Device Mark, Colour Mark, Shapes of Goods, Sound Mark and Three Dimension Mark.
Trademark Classification - 45 Classes
Under Trademark Registration process, goods and services are classified into 45 Classes of Trademark. It is very important to identify the class in which the goods/services fit into and file an application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for the respective goods and services.
Trademark Registration Fees Kerala
Trademark Registration Fee is payable separately for each application under each class.
If the trademark is used for different products and services, separate applications under multiple classes has to be filed for protecting name under different categories of products and services
Category of Applicant
Normal Fee |
Company / LLP / Partnership / Others
Company / LLP / Partnership / Others with MSME Registration or Start-up India Registration
Why Trademark to be registered?
A company/individual should register the trademark in order to possess the complete ownership of the mark and to protect the same from misuse by another person/business entity. Only if the trademark is registered, the owner gets the legal rights to take action against people or companies who infringe on their trademark.
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Trademark Registration - Kerala - Requirements
Trademark Registration Process in Kerala
Classification of Goods and Services
The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered.
Filing of Trademark Application
Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant’s name and permanent address,
Examination of the Application
TM registry will verify the application and if the trademark application meets the requirements. Once Formality Check is completed, TM Registry shall examine the trademark application.
Publication of Trademark
When the trademark is approved by the TM Registry, the details of Mark will be will be advertised in the Trademark Journal. If anyone has Objection / opposition to the registration of Marks can lodge Notice of Opposition to Trade Marks Registry on Form TM-O within four months from the date of the Journal with the prescribed fee.
Registration of Trademark
After completion of 4 months from the date of advertisement in journal, the TM registry shall issue a certificate of TM Registration to the applicant.
Details of Trademark / Logo
- Text of Trademark Name
- JPEGImage of Trademark Design, if any (8cmx8cm size)
- Description of image, if any
- Brief description of Goods and Services (See Classification)
- Particulars of Usage of TM
Power of Attorney to Trademark Agent
- POA to be executed in favour of Trademark Agent with address for communication
- To be executed on a Stamp Paper
Advantages of Trademark Registration Kerala
Classification of Goods and Services
The entire range of goods and services is categorised into 45 classes under the trademark laws. The applicant needs to identify the correct and relevant class under which the trademark should be registered
Power of Attorney
Execute the Power of Attorney authorising to Trademark Agent to file Application
Trademark Application Filing
File trademark application with the Trademark Registry with prescribed details and obtain acknowledgement for filing
Use ™ / ®
After filing the application for trademarks registration, the symbol (™) can be used with name / Brand. Only after registration of Trademark, the symbol ® can be used.