An Overview of Trademark Registration

A Trademark is a name, logo, image, word, phrase to differentiate a company's products & services from those of others. Trademark is used as a marketing tool to create awareness and recognition of goods/services among customers. According to the Trade Marks Act, 1999, you can apply for Trademark Registration in Kerala. Having a registered Trademark allows you to have exclusive ownership rights over all entities of your brand by limiting others from using them. This makes sure that all the hard work you put in the branding and content of your brand does not end up being wrongfully used by any unauthorised person.

Trademark Registration in Kerala will ensure that your name, logo, slogan, words of goods and every characteristic feature of your brand identity is safeguarded from unwanted usage under exclusive ownership rights. Over the years, the process of Trademark Registration in Kerala has been adapting to new alterations and welcomed a bunch of new grounds in the Trademark Registration in Kerala. Be it a recipe or sound; it can also be registered as your Trademark also.

Benefits of Trademark Registration in Kerala

Following are the benefits or advantages of Trademark Registration in Kerala:

1. Goodwill or Trust: Registered marks always build trust, quality & goodwill in the mind of customers. Trademark confirm that your customers’ care about your brand.
2. Assignment: One can transfer their company’s registered Trademark. But, the same is not possible for an ordinary law Trademark that can only be transferred with the business.
3. Asset Creation: An IP or Intellectual Property is an intangible asset for any company or organisation which is only created by Trademark filing. The registered Trademark is an exclusive right that can be sold, contracted commercially, or franchised.
4. Distinctive Identity: Your distinctive Trademark identity aids your customers to recognise the goods & services provided by you. Your competitors or opponents will be prohibited from using your Trademark for identical products or services.
5. Helps in Advertising: A Trademark is a vital and essential step in starting the process of branding your products or services. A Trademark aids your customers or clients to differentiate your brand from the others and give it some authenticity as well.

Who can apply for Trademark Registration in Kerala?

Trademark Registration in Kerala can be obtained by any individuals or legal entities. However, each of the different classes of individuals or entities has different requirements while filing an application for Trademark Registration. Following is the list who can apply for Trademark Registration in Kerala:

1. An Individual or a Person;
2. Foreign Company;
3. Limited Liability Partnership (LLP);
4. Indian Company;
5. Proprietorship Firm;
6. Partnership Firm;
7. Trust/Society;
8. Joint Owners.

Documents Required for Trademark Registration in Kerala

Following are the crucial documents for Trademark Registration in Kerala:

• Identity proof of the applicant;
• Address proof of the applicant;
• Copy of logo or image (optional);
• In case of a company or LLP submit Certificate of Incorporation or Partnership Deep respectively;
• Power of Attorney signed by the applicant;
• Duly signed Form-48;
• Udyog Aadhar Registration.

Procedure for Trademark Registration in Kerala

Below is the procedure for Trademark Registration in Kerala:

Step 1: Trademark Search: The first step is to conduct a Trademark Search to check whether your Trademark is already registered or not. Trademark must be original and unique.

Step 2: Selection of an Appropriate Class: For the Trademark Registration, you need to apply it under the appropriate classification of Trademark Classes. Goods & services are classified into 45 different classes by the Trademark Registry.

Step 3: Filing of Application: Once the classification is done, an application for Trademark Registration in Kerala should be submitted to the Registry along with the prescribed information such as the name and address of the applicant.

Step 4: Examination of the Trademark Application: Once you submit the application to the Trademark Registry, they will examine the application. Once the formality check is done, Trademark Registry shall check the application.

Step 5: Publication of Trademark: Once the Registrar accepts the application, they will be advertised in the Trademark Journal for a prescribed time. If anyone has an objection or opposition to the Trademark Registration, then the 3^rd party can file for the objection, and you have to respond to the objection within the given time.

Step 6: Issuance of Registration Certificate: In case if there is no opposition or objection, then the Trademark Registry will issue a Trademark Registration Certificate to the owner of the Trademark.