Best Trademark Registration Service in Kochi? Look no further. Please read first

I remember a conversation a few years back with a small bakery owner at Edappally. She’d been building her brand for six years, with her handwritten labels, and a loyal crowd of regulars. Then another shop two districts away started to sell under almost the same name. The other party had filed first, and she never knew until it was too late.

We hear stories like this all the time. The majority of shop owners in Kerala think about licenses, GST and the shop board. The brand name is last, if mentioned at all. Then one day it turns out to be the most expensive thing they forgot.

Looking for the best trademark registration company in Kerala? This post will save you some of that trouble. Let’s take the basics.

What is a Trademark

A trademark is any unique identifier your customers use to identify your brand (e.g. name, logo, tagline, color combo, distinctive shape, sound, etc). Same protection is called a service mark if you sell services (eg. clinic, coaching center, travel agency, etc).

Once a trademark is registered, you are the legal owner of that mark for the goods and/or services for which application was made, throughout India. No one else can use it or anything confusingly similar. If someone uses your mark, you can take legal action against them, claim damages and get infringing copies of labels and/or products removed.

That has a business benefit, too. A registered mark may be licensed, franchised or sold. Distributors, online marketplaces and investors are more comfortable with a brand that has proper paperwork behind it. Customers feel that seriousness even if they can’t say it.

Even if you don’t register, you can still take action against copycats under what is known as passing off. But you’d have to build your reputation up in court. And that takes time and money and a lot of patience.”

How to select a trademark registration service

There are plenty of firms out there. Filing a form is not the hard part. The difference between a good provider and an average provider is everything outside the form. Here is what to look for.

Do they search before they file? This is what counts most. A good search looks for identical marks but also similar marks that sound or look alike. Be aware of companies that promise to file immediately without inspection. Who knows, you could wait months and get rejected.

Are they right about the class? There are 45 trademark classes in India. If you file in the wrong one, your actual products might not be covered at all. A spice exporter and a restaurant owner require very different filings, and an experienced attorney knows the difference.

Pricing is transparent. There are two things you pay for. The professional fee and the government fee. Ask for both in writing and ask what happens if the Registry objects to them. Some companies will quote a low filing fee, but charge heavily for each subsequent step.

Will they be there after filing? Many applications get an examination report requesting clarification. Somebody has to write the answer and sometimes show up at a hearing. Once the application number is sent, if your provider goes away you’re on your own for the toughest part.

Can you actually get to them? If you can file online, you don’t have to travel for routine work. But if something comes up you should get a quick answer by phone or WhatsApp.

The Process

It is easier than most people think

You first search and choose your classes. Then you provide some documents: an ID proof, contact details, a description of what you sell, your logo and a signed authorisation. If you have been using the mark for a period of time, you might need a short affidavit stating when you started.

Then the application is submitted online. From then you can use the ™ symbol next to your brand. Then the Registry looks at the application. If no one objects, the mark is published in the Trade Marks Journal and there is a window of time for anyone who wants to oppose it.

If all goes well, you get your certificate and can use the ® symbol. This process usually takes a few months but may take longer in case of objections. People do it more than you would think. Using ® before you actually hold the certificate is an offence under the Act.

Mistakes we see over and over

Choosing a name that describes the product is a biggie. Words like Best, Super or Premium are very difficult to register because they only praise the product. The same is true for simple place names. An invented or unusual word is generally much stronger and easier to defend.

Another mistake is to register only the logo. Logos change when you rebrand but the name typically stays the same. Registering the word mark protects you in any font or style .

Then there’s waiting too long. In India, the first to file gets the trademark rights. We have seen legitimate businesses lose a name they had held for ten years because a competitor filed first.

Finally, forgetting about renewals. The registration is effective for 10 years from the filing date. Forget to renew, and the protection is gone, all that work for nothing.

Just a note on price

The government fee for online filing is now ₹4,500 per class for individuals, start-ups and small enterprises and ₹9,000 per class for companies, LLPs and others. These numbers keep changing from time to time . So do check the IP India website before you budget . Additional professional fees apply depending on the level of support you require, from just the search and filing through to full follow-up through examination.

Where Goodwill & Goodwill fits

We at Goodwill & Goodwill work with business owners all over Kochi and the rest of Kerala who want to get their brand protected without any hassle. We begin with a proper availability search, assist you in picking the right class, prepare the application well and keep you updated till the certificate is in your hands. If anything comes up along the way, we’ll explain it in plain English.

Be it a home kitchen in Ernakulam, a unit in Palakkad or a startup in Kakkanad, your brand deserves the same protection as a big name. If you need the best trademark registration services in Kerala for your business, then visit goodwillandgoodwill.com and book a consultation. A quick search today can save you an awkward conversation later.

FAQ

1. How long does it take to register a trademark?

A. The filing process itself only takes a couple days. The whole process can take up to six months or longer. It will depend on how long the trademark registry takes to review your application. They might also object to your application. You can track the status of your application using your application number.

2. Can I use ™ on my trademark before registration?

A. Yeah. After you submit the application, you can use ™ with your brand or for a service. The ® symbol is for registered marks. It is an offence and punishable if used before.

3. What documents do I require?

A. Typically, you’ll need your ID proof, contact details, description of your services/products, your logo/brand name, authorisation letter. If you are already using the mark, you may require to file an affidavit to state the date of first use. Routine online filing doesn’t usually require a digital signature.

 4. What if someone else already has a similar trademark?

A. How similar the marks are and if they’re in the same or related classes is what determines this. If there is a conflict, you can change your name and/or logo to be more different. You may have some other legal remedies if you were the first to use the brand.

 5. How long does a trademark last?

A. It lasts for 10 years from the date of filing. It is renewable for further 10 year terms on payment of renewal fee. Keep the due date in mind.