Trademark Registration in Kerala: Procedure, Fees and Timeline

A trademark is often the most valuable asset a business builds: the name, logo or label by which customers recognise it. Registration under the Trade Marks Act, 1999 gives the owner the exclusive right to use the mark for the goods or services registered, and a direct remedy against anyone who copies it.

This article explains what can be registered, the procedure and fees, the usual timeline, and the points that most often cause objections, with reference to applicants in Kerala.

What can be registered as a trademark

A trademark is any mark capable of being represented graphically and of distinguishing the goods or services of one person from those of others. It includes:

• Words and brand names, including invented words
• Logos, devices and labels
• Letters, numerals and combinations of them
• Slogans and taglines
• Shape of goods, packaging and combinations of colours
• Sound marks, where they can be represented graphically

A mark cannot be registered if it is descriptive of the goods or services (for example, “Fresh Bakery” for bread), is customary in the trade, is a common surname or geographical name without distinctiveness, is likely to deceive or cause confusion, or is identical or similar to an earlier mark for similar goods or services. See common reasons for trademark rejection.

Where applications from Kerala are filed

Applications are filed online on the IP India portal. Each application is assigned to the Trade Marks Registry office with territorial jurisdiction, determined by the applicant’s principal place of business in India. For applicants based in Kerala, the appropriate office is the Trade Marks Registry, Chennai, which also covers the other southern States. For an applicant without a place of business in India, it is determined by the address for service in India.

Before filing: search and classification

• Search: a search of the Trade Marks Registry database for identical and similar marks in the relevant classes, including phonetic similarity. A search reduces the risk of objection and, more importantly, of opposition by an earlier owner.
• Classification: goods and services are grouped into 45 classes under the Nice Classification, 34 for goods and 11 for services. A separate fee is payable for each class. The specification should cover what the business actually deals in and plans to deal in, without being so wide that it invites objection.
• User date: the application states whether the mark is already in use (with the date of first use) or proposed to be used. A claim of prior use is supported by an affidavit and evidence such as invoices, advertisements and packaging. Prior use strengthens the applicant’s position against later filers.

See checking trademark availability and trademark classes explained.

Fees

Applicant	Official fee per mark per class (e-filing)
Individual, startup recognised by DPIIT, or small enterprise (MSME)	₹4,500
Any other applicant, including larger companies	₹9,000

Fees for physical filing are higher. Separate fees apply for expedited examination, renewal, opposition and other requests. Official fees are revised from time to time and should be checked on the IP India portal before filing.

Procedure and timeline

Stage	What happens	Indicative time
Filing (Form TM-A)	Application filed online with the mark, classes, specification, user details and fee. An application number is issued immediately, and the ™ symbol can be used from this point	Day one
Examination	The Registry examines the application and issues an examination report, raising objections on absolute grounds (distinctiveness, descriptiveness) or relative grounds (conflicting earlier marks)	Usually within a few months
Reply to examination report	A written reply, with evidence where useful, must be filed within one month of receiving the report	One month
Hearing	If the reply does not satisfy the Registry, a hearing is scheduled before an examiner	Varies
Advertisement	Once accepted, the mark is published in the Trade Marks Journal	After acceptance
Opposition period	Any person can oppose the mark within four months of publication	Four months
Registration	If there is no opposition, or it is decided in the applicant’s favour, the mark is registered and a certificate issued. The ® symbol can be used only after registration	Typically 12 to 24 months overall, longer if opposed

An application that does not face objection or opposition can be registered in well under a year. An application that is objected to, or opposed, can take considerably longer, and an opposition proceeds like a contested case with pleadings and evidence. See responding to a trademark objection and filing a trademark opposition.

After registration

• Validity and renewal: registration is valid for ten years from the date of application and can be renewed indefinitely for further periods of ten years, in Form TM-R. See trademark renewal.
• Use: a registered mark that is not used for a continuous period of five years and three months can be removed on an application by another party.
• Enforcement: registration allows the owner to sue for infringement and seek injunctions, damages and destruction of infringing goods. An unregistered mark can be protected only through a passing-off action, which requires the owner to prove reputation. See trademark infringement.
• Assignment and licensing: a registered mark can be assigned or licensed, and the change recorded with the Registry. See assigning or licensing a trademark.

Points to consider for Kerala businesses

• Business names are not trademarks: incorporating a company, registering a firm or obtaining a trade licence or GST registration does not give any right in the name as a trademark. A company name approved by the MCA can still infringe someone else’s registered trademark.
• Malayalam marks: marks in Malayalam script can be registered. Where a brand is used in both Malayalam and English, protection for each form should be considered, together with any transliteration.
• Geographical Indications: names of Kerala products with a geographical indication, such as Aranmula Kannadi, Alleppey Coir or Nilambur Teak, are protected under the Geographical Indications Act, 1999. Using them in a brand can attract objection unless the user is entitled to them.
• Exports and NRIs: for businesses selling abroad, especially to the Gulf, protection in those countries should be planned early, either by national filings or through the Madrid Protocol. See international registration through the Madrid Protocol.

Frequently asked questions

How long does trademark registration take in India?

Without objection or opposition, registration can be completed in under a year. With objections, hearings or opposition, it commonly takes one to two years or more.

Can I use the ® symbol after filing?

No. The ® symbol can be used only after the mark is registered. After filing, the ™ symbol may be used to indicate that the mark is claimed.

Is one application enough for all products?

An application can cover several classes, but a fee is payable for each class. Goods and services in classes not covered are not protected by the registration.

Can I register a trademark before starting the business?

Yes, on a “proposed to be used” basis. Filing early is advisable, because rights generally go to the earlier filer or the prior user.

Does registration in India protect the brand abroad?

No. Trademark rights are territorial. Protection in other countries needs filings there, directly or through the Madrid Protocol.

ചുരുക്കം (Summary in Malayalam)

ബിസിനസിന്റെ പേര്, ലോഗോ, ലേബൽ തുടങ്ങിയവ ട്രേഡ് മാർക്ക്സ് ആക്ട്, 1999 പ്രകാരം രജിസ്റ്റർ ചെയ്യുന്നതിലൂടെ അവ ഉപയോഗിക്കാനുള്ള പൂർണ അവകാശം ലഭിക്കും. കേരളത്തിൽ നിന്നുള്ള അപേക്ഷകൾ ചെന്നൈ ട്രേഡ് മാർക്ക് രജിസ്ട്രിയുടെ പരിധിയിലാണ്. വ്യക്തികൾക്കും സ്റ്റാർട്ടപ്പുകൾക്കും ചെറുകിട സംരംഭങ്ങൾക്കും ഒരു ക്ലാസിന് ₹4,500 ആണ് ഓൺലൈൻ ഫീസ്; മറ്റുള്ളവർക്ക് ₹9,000. അപേക്ഷ നൽകിയ ശേഷം ™ ചിഹ്നവും രജിസ്ട്രേഷൻ ലഭിച്ച ശേഷം മാത്രം ® ചിഹ്നവും ഉപയോഗിക്കാം. രജിസ്ട്രേഷന് 10 വർഷത്തെ കാലാവധിയുണ്ട്, തുടർന്ന് പുതുക്കാം. കമ്പനി രജിസ്ട്രേഷനോ GST രജിസ്ട്രേഷനോ ട്രേഡ് മാർക്ക് അവകാശം നൽകുന്നില്ല.

This article gives a general overview of trademark registration under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Fees, forms and Registry practice are revised from time to time; for accurate and current requirements, refer to the IP India portal. The article is not advice on any particular case.