The trademark registration process in Kerala involves several steps:
Step 1: Conduct a Trademark Search
Before applying for registration, it is advisable to conduct a comprehensive search to ensure that the proposed trademark does not conflict with existing trademarks. This can prevent potential objections during the registration process.
Step 2: Filing the Application
Once the search confirms that the trademark is available, the next step is to file an application with the Controller General of Patents, Designs and Trademarks. The application must include details such as:
- Name and address of the applicant
- Description of goods/services
- A clear representation of the trademark
The application can be filed online, making it convenient for applicants.
Step 3: Examination by the Registrar
After submission, the Registrar examines the application for compliance with legal requirements. This includes checking for any conflicting trademarks and ensuring that all necessary documents are submitted.
Step 4: Publication in the Trademark Journal
If the application passes examination, it will be published in the Trademark Journal. This publication serves as a public notice and allows third parties to oppose the registration within three months if they believe it infringes on their rights.
Step 5: Opposition Proceedings (if applicable)
If an opposition is filed, both parties will have an opportunity to present their case. The Registrar will then make a decision based on these proceedings.
Step 6: Issuance of Registration Certificate
If there are no oppositions or if oppositions are resolved in favor of the applicant, the trademark will be registered, and a certificate will be issued. The validity of a registered trademark is ten years, after which it can be renewed indefinitely upon payment of renewal fees.
