A brand name is a word, image, logo, or name used to recognize a decent or administration. Many companies use this mark for “brand” products, so it’s important to have a valid trademark. In developing markets like India, the need to protect business from illegal competition or imitation is particularly strong. However, how do you register a trademark? It’s fairly simple, but it will take time. Take care to choose a specific icon, file a full application and expect to wait up to two years.
Documents required for Trademark Registration
- Name, address and nationality of the applicant. On the off chance that the candidate is an organization, incorporate the country or state with the full location. If registrant is a partnership concern, then the names of all the partners;
- A list of goods and / or services are to be given for trademark registration in Kerala;
- Trademark Entity: Whether the applicant is an individual or small enterprise;
- In the event that the application is recorded asserting the need of the application recently documented in another country, the subtleties of that application are additionally required while recording the application in India. A certified priority document or its appropriate notable copy must be submitted for trademark registration in Kerala to the original trademarks office fee within two months of the application being filed.
Procedure for Trademark Registration
1. For trademark registration in Kerala select your “Class”. Sounds easy to choose a trademark, right? Not always. You must ensure that your mark is unique and does not infringe upon existing trademarks or markings awaiting approval. To choose a unique icon, you must first figure out what class you belong to.
In India, there are 45 categories of goods and services under trademark law. You need to get the closest out of your company.
For example, are you looking for a logo trademark for musical instruments? This is class 15. What about leather goods? Class 18.
Services are also categorized. For example, advertising agencies would file for a trademark under Class 35.
A complete list of classes is available through Indian regulator patents and trademarks.
Pick a distinctive mark. Aimed at the unique. A common mistake is to choose a trademark that is descriptive of goods or services, such as “corn brand” corn kernels. These marks are really difficult to register and implement. For example, competitors will also be able to achieve very similar brands or logos.
You can try to choose a “Six” word that has nothing to do with your goods or services, i.e. “Canon” film.
Alternatively, try to find a word that is completely random or arbitrary when it comes to your product. Think “Ritz” fireworks or “Royal Crown” cola.
Also try to avoid things like superlives, personal or place names, or words referring to quality or character (such as “premium,” “super,” etc.).
For symbols, logos and fonts, you then need to take a sign that does not confuse the consumer in your particular market. A “swash” graphic for a shoe company would certainly lead to confusion, for example, but for a mining company that’s fine. Keep this in mind when searching for your trademark registration.
Mark Search
You’ve got the right class and got a sign. Good. Now, you will need to do a full trademark search. This will confirm that your trademark is unique and will protect you from subsequent legal challenges. It saves you time, money and effort later.
Start with the Controller General’s Office Fees website under the heading “Public Search”. Click this button to go to online, searchable database
Enter your class number and then start searching for trademark registration in Kerala. Try to make sure your chosen trademark does not generate any duplicates, or similar names.
For instance, you can enter the “30” class for tea and search for your new trademark “chai”. This combo produces 140 hits – not a promising result.
Get the TM-1 form. Once you find a unique trademark, you can file it for registration. First, get a copy of the application form TM-1. This covers all trademarks under a “class” and is the most common type of trademark application form.
Go to the Controller General’s website again. Find “Trademark Forms and First List” on the left side of the homepage and click it
Steps for Trademark Registration
1.The applicant should be able to download a copy of TM-1 in English. For Hindi forms, click on the link “Trademark Forms” and directly below “Trademark Forms and First List”
2.Fill out TM-1 and compile the documents for trademark registration in Kerala. The next step is to fill out the form and keep your application file together. Read the directions carefully and follow them. Make sure you include all the information as accurately and accurately as you can. Failure to do so may result in delay or rejection.
3.Submit your application. Now what should you do that you put up with the app? You can file it by mail, online or through your trademark agent or lawyer. Choose whichever method is best for you.
4.Check the progress of your file.. That was the easy part. The next step – the wait – will be longer. Be prepared to wait 18 to 24 months for your case to be approved or rejected. Problematic cases may take even longer
The wait will be boring. However, you can periodically check the progress of your file with your “allocation number”. The government will give the applicant this number within a few days of receiving the application
Tracking Application Form
Track your file by visiting the Indian Trademarks Registry website and entering your allotment number and trademark class.
Files are also preferred based on the date of application. Likewise, when you have the designation number, you can legitimately utilize the TM image close to your sign.
Tending to complaints during document assessment. The brand name vault will additionally check the precision of your application. Two things can occur at this stage. The Fischer may permit or have a problem with the distribution of the imprint in the authority Facial Trademark Journal. As a candidate you reserve the privilege to eliminate any complaints.
For trademark registration in Kerala react to any opposition after publication. After your effective assessment, the brand name will be distributed in the week after week brand name diary under its separate class. This incorporates all brand names perceived by the Trademark Registry in India. It likewise gives the general population and outsiders the chance to audit and have a problem with your sign.