Everything You Need To Know About Trademark Registration For MSME’sMay 9, 2022 By Ajita Sharma
Since the COVID-19, the Micro, Small, and Medium Enterprise (MSME) are gaining support from the government. But, isn't it necessary for such entities to flourish in their business with their individuality? So, trademark registration is necessary to assure the identity of the brand and protect it from the violation of the MSMEs.
This makes it necessary to apply for trademark registration to maintain the brand's uniqueness. However, trademark registration can be a tough process since business owners have to follow many criteria. Hence, it is recommended to seek help from a trademark attorney who makes the procedure effortless.
What You Must Know About MSME Registration?
- The government of India introduced the Micro, Small, and Medium Enterprise (MSME) (Udyog Aadhaar registration) under the Micro, Small & Medium Enterprises Development (MSMED) Act, 2006.
The scheme is initiated to enhance the growth of small enterprises in India.
- MSMEs are units included in the manufacturing, production, processing, and maintenance of goods.
- The government of India acts as a pillar of support for MSMEs to provide different schemes and reliefs.
- Due to the latest "Make in India" scheme, the trademark is the most significant intellectual property for MSMEs.
- Registration of trademarks in India proves to be a great asset for the growth of MSMEs.
What Is Trademark Registration For MSMEs?
Before we head over to the MSME trademark registration, let's be clear with the "trademark". A trademark is a brand name, logo, or symbol that makes your product and services unique from your competitors. It can vary from a number, word, or phrase, to a color palette that shows the uniqueness of your business.
Hence, trademarks are the main elements of building a brand image. Also, trademark registration is the legal procedure for companies to safeguard their ownership rights. MSMEs can avail legal protection of their logo, symbol, or brand name through trademark registration.
Trademark Eligibility in India
The following items are permitted for registration of trademarks in India:
- Letter, words, or numbers
- Colour blend
- Brand name
- Sound mark
- Graphic design
Nevertheless, the Trademark Registry does not support any similar trademark. Also, the applicant's mark should not be identical to the already registered trademarks.
It is not acceptable for companies and individuals to apply for trademarks that mislead the public. Likewise, trademarks are not allowed to be registered in India if they contain the following:
- Disrespectful symbols or words that go against public decency.
- General trade words that the public uses.
- General names like Taser, Kerosene, Escalator.
- Geographical names such as "Simla" were broadly used in Imperial Tobacco Company Limited and the packet depicted snow-covered hills. Also, Liverpool Electric Cable Company had the geographic name of "Liverpool".
- Common short forms such as GE and Liv. 52.
What are the main advantages of MSME Trademark Registration?
MSME trademark registration can assist companies in the following manner:
- Avail ownership rights for a brand name or a symbol.
- It is easy to secure your brand image from fraud and violation.
- MSME trademark registration helps you to grow your business nationally and globally.
- It boosts your brand awareness, reliability, and visibility.
- Consumers can easily distinguish your services and products.
- There are financial incentives for MSMEs who hold ISO 9000/ISO 14001/HACCP certification through expenses reimbursement.
- MSMEs can get an interest rate of 1% on overdraft.
- The government introduced a 3 lakh crore INR collateral-free loan scheme on 23rd May 2020 to benefit 45 lakh MSMEs.
- Profitable marketing tactics are executed through a trademark.
Who Is Eligible For Trademark MSME Registration?
Any business organization is eligible i.e. partnership, company, and sole proprietors with the following criteria:
- Micromanufacturing enterprises- with below 25 lakh INR investment in machinery and plant.
- On the other hand, microservice enterprises with below 10 lakh INR investment in equipment.
- Small manufacturing enterprises of 25 lakh INR - 5 crore INR investment in machinery and plant.
- In contrast, small service enterprises with investments of 10 lakh INR- 2 crore INR in equipment.
- Medium manufacturing enterprises with investments of 5 crore INR -10 crore INR in plant and machinery
Whereas, medium service enterprises with investments of 2 crore INR- 5 crore INR in equipment.
Important Facts For Trademark Registration For MSMEs
- While applying for trademark registration MSME, it is important to select a particular class. According to the Nice Classification System, there are 45 diverse classes. The first 34 classes are for products while others are for services.
- MSME owners should have a discussion with legal professionals for trademark registration. As it is time-consuming, it is essential to get it right to avoid delays.
- It is necessary to apply for trademark registration since the constitutional duration from application to registration range from 12 to 24 months. However, it might extend based on any oppositions filed or hearings conducted under the registration process named "Trademark Prosecution".
- Trademarks are territorial which implies that their reach is nationally valid and means that a trademark registration in India will provide protection within India's jurisdiction only. Every country follows a different registration process and registration in one specific country is not applicable for registration worldwide.
If you need an international trademark, you must apply separately in the countries.
- A registered trademark in India works for 10 years from the filing date of the trademark registration application. Applicants should extend their trademark within this period to get legal protection.
- After you apply for a trademark, you are free to use the ™ symbol beside the mark which indicates your application filing.
Once the application gets approved and registered, you will get a Trademark registration certificate and you can use the ® symbol beside the mark.
- If any company or individual whose existence has law recognition, uses your trademark, there is a Trademark infringement. This is an offense as per the Trademark Act, 1999 provided your trademark is registered in India.
What Are The Fees For Trademark Registration For MSMEs?
According to the revised Trademark Rules 2017, the trademark registration fees for MSMEs are reduced to protect trademarks.
The latest official fees for trademark registration in India are stated as under:
For standard trademark applications:
- Proprietorship Firms and Individuals- 4500 INR for each class and application.
- Udyog Aadhar/ MSME registration- 4500 INR for every class and application.
- LLPs, partnership firms, and companies - 9000 INR for each class and application.
If you are MSME registered, the government fees gets reduced by 50%.
Documents For Trademark Registration Of MSMEs:
- JPEG file of logo or trademark
- Udyog registration certificate
- Address proof of the company
- Partnership deed or incorporation certificate
- Contact details, ID proof, and address proof of the candidate
If you are looking for a smooth and efficient approach to trademark registration, reach out to a trademark attorney today.
Being the best trademark law firm in India, we will guide you properly for MSME trademark registration.
Our services will ease the process of trademark registration with a team of experienced legal consultants.
Protect the uniqueness of your brand and prevent any violation of your trademark with our valuable services.