Trademark Registration

MSME Trademark Registration: Is it Deserve Considering?

MSME Trademark Registration: Is it Deserve Considering?
| Updated: Apr 29, 2021 | Category: Trademark

A Trademark aids companies to establish their brand identity and protect them from Trademark Infringement.  Therefore, applying for Trademark Registration is an essential step for all entities or companies. However, the process of Trademark Registration may be tricky as there are several things business owners need to consider. Moreover, to boost small enterprise and start-ups, the fees for MSME Trademark Registration has been considerably reduced. Therefore, MSME Trademark Registration is a straightforward and cost-effective process that may be done online. Scroll down to check more regarding the MSME Trademark Registration.

What is an MSME Registration?

AN MSME Registration is also known as Udyog Aadhaar Registration, is a scheme taking place by the Government of India to help facilitate and promote the establishment and growth of small enterprise in India. Such a scheme delivers various benefits to small, micro, and medium enterprises in India. The following business companies can apply under this scheme at present:

  • Manufacturing entities or companies whose total investment is less than Rs. 10 crores;
  • Services sector entities or companies whose total investment is less than Rs. 5 crores.

Applicants can apply for MSME Registration by going to the official website[1] and applying online. Moreover, MSMEs are categorized into service and manufacturing enterprises.

What is an MSME Trademark Registration? – An Overview

A Trademark is a brand word, logo, name, or symbol that helps clients to identify a company’s product and services and distinguish them from their competitors. It can be anything from a word, number, or colour palette that helps set your business apart. Hence, Trademarks are an essential part of creating a brand identity or image for a company. Trademark Registration is the lawful process by which entities secure exclusive ownership rights on their mark. MSME Trademark Registration is the process by which MSME type of entities can ensure lawful protection of their brand name, word, logo, or symbol in India. It serves as the 1st step of initiating the brand name for any MSME.

What are the criteria for Trademark Registration for MSME in India?

The following things are eligible for Trademark Registration in India:

  • Logo;
  • Smell;
  • Numbers, words, letter;
  • Symbol;
  • Colour combination;
  • Graphic design;
  • Phrases;
  • Sound mark.

If any mark is similar to any other registered mark. Then it will not be accepted for Trademark Registration by the Trademark Registry. Further, another thing to remember is that the applicant’s mark should not be similar to the Trademark for which the application for Trademark Registration has been filed. Companies and individuals won’t be permitted to apply for a Trademark that can mislead, confuse the common public. Furthermore, Trademark that includes the following words cannot be registered:

  • Common names and abbreviations;
  • Offensive symbols or words;
  • Geographical names.

What are the Benefits of MSME Trademark Registration?

Following are some benefits of an MSME Trademark Registration in India:

What are the Benefits of MSME Trademark Registration?
  1. Distinctive Identity: One of the vital benefits of Trademark Registration is that it helps in creating a distinct identity of any company or entity. No other competitor can apply or use the Trademark for the same products and services.
  2. Publicized your Brand and Expand your Business: Trademark Registration makes it simple and easy to spread or expand your business within or outside India, and it also popularises your brand.
  3. Legal Protection: It helps to become the actual owner of a registered Trademark, and no one has the legal right to use the registered Trademark without taking proper permission from the actual owner of the registered Trademark. Also, remember that no action can be taken if the Trademark is not registered with the Government. The registered Trademark owner can impose legal action against those who try to copy the registered Trademark.
  4. Goodwill: A Trademark that is already registered creates goodwill and trust, and quality in the people’s minds.
  5. Creation of Asset: A registered Trademark performs as an asset for the owner as the registered Trademark owner can quickly sell or permit it on a contract basis to another party. It also creates IP (Intellectual Property) for the same.

Important Points to Remember Regarding Trademark Registration for MSMEs

  1. A vital part of applying for the MSME Trademark Registration is to understand which class to apply under. According to the NICE Classification System, there are 45 different classes, of which the first 34 classes are for products and the rest of it for services.
  2. Trademark is territorial, so a Trademark obtained in India shall be valid in India only and not outside India. In case you want international protection, then you need to apply for International Trademark Registration in individual countries.
  3. A Trademark is valid for ten years only from the date of filing the application for Trademark Registration. Applicants must ensure that they renew the Trademark within the prescribed time.
  4. The owners of MSME must consider meeting legal experts to understand the procedure of Trademark Registration and apply it correctly. It will help in preventing unnecessary delays.
  5. Once you applied for the Trademark Registration, you can use the TM symbol at the end of the mark as an indication that you have filed the application for registration and once the application is approved and you can get a Certificate of registration can use the R symbol.
  6. The MSMEs must consider applying for the registration as soon as possible, and the process may take some extra time.
  7. Trademark Infringement happens when any unauthorized or illegal person/third party use the registered Trademark without taking permission from the actual owner of the registered Trademark in India as per the Trademark Act, 1999.

Vital Documents Required for MSME Trademark Registration

Following are some vital documents required for the registration of a Trademark for an MSME:

  • Submit any applicant’s address proof such as Driving License/Aadhar Card/Voter Card and also submit an identity proof of the applicant such as PAN Card or Passport;
  • Submit a copy of the Logo or Trademark;
  • Submit an address proof of the company;
  • Submit a Certificate of Registration or the Partnership Deed;
  • Udyog Registration Certificate.

When and where you can register for a Trademark?

It is hereby recommended to register your Trademark when you are all set to enter into the market and promote your product prior to its launch since the name is unlikely to be altered at this phase. It would have to go through internal reviews and considerations. All Trademark Registrations are territorial; hence, if an MSME desires to spread their business internationally, they have to register their Trademark in possible countries individually.

Conclusion

As the MSMEs in India attain momentum and as the Indian market opens their gate for overseas competition, it would be a perfect idea for Indian MSMEs to prepare for getting their Trademarks and register them. For MSME Trademark Registration, you can contact any legal expert who will assist you through the complete process.

Also, Read: Everything You Need to Know About NIC Code for MSME Registration

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A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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