Trademark Registration in Kerala

Yes. Your Panchayat, Municipality, or Corporation license (Shop & Establishment) is a valid document to prove your business address and 'Date of User' (the date you started business).

Yes. Individuals can register a trademark in their own name. You do not need a company registration (Pvt Ltd or LLP) to own a brand.

No. An Indian trademark is valid only within India. If you export to the GCC, you must file a separate application under the Madrid Protocol or directly in the UAE.

Many start-ups register a Trademark on the founder’s name because the future of a start-up is always in doubt, whereas large businesses prefer to do so in the name of the company. Start up prefers to register the mark in the founder’s name because the trademark would be valid regardless of the state of the entity.

Any mark that is identical or deceptively similar to an existing registered trademark or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered.

The registered trademark is valid for a period of 10 years from the date of filing of application for trademark. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.

Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes that the goods/services represent. The trademarks are registered only under those classes.

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply.

If you have a valid certificate issued by Start-up India (an initiative by Government of India), or an MSME registration your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.

Yes, one can apply for registration under multiple classes in one single application.

Yes, the owner can amend the registered mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark.

Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.