Kerala - Register a Trade Mark (Brand Name)

ProcedureEdit

Apply In-Person

The first step to register a trademark is to identify the categories under which you would like to register a trademark. Classes 1-34 deals with goods, while Classes 35-45 deals with services.
Word and logo trademarks have to be filed separately. This means that the name of your brand should be filed under Class X and separately for any graphic representation (your logo) under Class X. Link for form to register design: link
You will need to sign a Power of Attorney to authorize your lawyer to act as your agent. A trademark can be filed in individual capacity but filing through a trademark lawyer is the norm.
A trademark search is optional but allows you to go through the process smoothly and identify in advance any conflicts that may arise.
The lawyer will file your trademark application with the Trademark Office and send you the receipt. After a few days, the lawyer will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
Once your trademark is approved it is published in the Trademark Journal.
Office locations and contact information : link
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.

Apply Online: - Kerala Register a Trade Mark (Brand Name) Online With Images

Applicant can use the following link to apply online for trade mark registration: link
The site when opened will prompt for user id. If you have user id and password, then can login using the credentials. If you are new user, please sign up and then login to process.
Once logged in please proceed as per prompts and direction to complete the application procedure. As final phase of process user, shall pay online by reaching the payment gateway.
In the payment gateway page, please select the type of payment(Credit / Debit / Net Banking) and provide required details at prompted places and hit make payment to reach the successive page.
User should follow the screen prompt for the payment mode selected to complete online payment transaction.
Once the payment is accepted, user will get a transaction acknowledgement. Please keep it saved or printed for future reference.

Note: Please keep respective documents scanned before applying online

Apply through Centres:

To apply through centres, the applicant has to visit the respective “CSC” centre. Please tap on the following link to locate the centre according to the respective district: link.
Make sure to have the documents that are listed under the “Required Documents” section of this page.
It is advised to take the documents in original to the kiosk for scanning purposes.
The operator will process the application online.
On successful submission, the applicant will receive an application number as acknowledgement.
The status, viz. Approval or Rejection if any, will be conveyed to the applicant through an SMS.
If verified, the registration certificate will be hand delivered or sent through post to the address mentioned while applying in a stipulated period of time.

Required DocumentsEdit

Power of Attorney signed by the applicant. In the case of corporate body, by the Director or Legal representative of company.
Graphical representation of the design
Aadhaar Card
Company ROC details
GST details if required

Office Locations & ContactsEdit

The Nodal Officer, Patent Information Centre- Kerala (PIC-Kerala)
Sasthra Bhavan, Pattom P.O,
Thiruvananthapuram – 695 004, Kerala, India.
Tel: 0471 2543234, 2548252, 2548315 | Fax: 0471 2540085
E-mail: [email protected], [email protected]
Website: www.patentcentre.kerala.gov.in
Patent Office Delhi and International Searching Authority and International Preliminary Examining Authority, (ISA/IPEA)
Boudhik Sampada Bhawan, Plot No. 32, Sector
14, Dwarka, New Delhi-110078
Phone: 011-25300200 | Fax: 011-28034301, 28034302, 28034315
Email: [email protected]
Link for Contact details: link and link and link

EligibilityEdit

Trademarks can be filed either by the company (and hence owned by the company and its shareholders) or by the founder (and licensed to the company).

FeesEdit

Rs 3500/- per mark per class
Lawyers charges varies depending upon on the lawyer.
Rs 500/- for trademark search

ValidityEdit

The term of registration of trademark, it is valid for 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999.
An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.

Documents to UseEdit

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Sample DocumentsEdit

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Processing TimeEdit

It takes between 18 and 24 months to receive a trademark.

InstructionsEdit

How to select a trade mark:

If it is a word it should be easy to speak, spell and remember.
The best trade marks are invented words or coined words.
Please avoid selection of a geographical name. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

Who can apply for a trade mark and how :
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.

benefits of registering a Trademark :
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

Required InformationEdit

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.

Need for the DocumentEdit

A trade mark (popularly known as brand name) in laymans language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

The legal requirements to register a trade mark under the Act are:

The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

Information which might helpEdit

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External LinksEdit

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OthersEdit

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