A Trademark Registration assists in the establishment of a company’s brand identification while also preventing others from using that identity for their own advantage. To guarantee that this does not happen, all businesses must apply for trademark registration. However, the registration procedure can be complicated since there are various factors that business owners must consider.

The trademark registration fees for MSMEs have been drastically cut in order to promote small businesses and startups. MSME trademark registration is a straightforward and inexpensive procedure that can be completed online. Here’s everything you need to know about trademark registration for MSME’s.

Micro, small, and medium-sized enterprises (MSME) represent the future of Indian business. This article will walk you through the process of trademark registration for your medium or small business.

What is MSME Registration?

A MSME registration, also known as an Udyog Aadhaar registration, is a government-sponsored programme intended to boost and simplify the development and growth of small businesses in India. 

As a result, small, micro, and medium businesses in India profit from this voluntary registration system. One of the advantages is the reduction in trademark registration expenses.

This plan is open to the following types of businesses:

• Manufacturing organisations or businesses with a total investment of less than 10 crores
• Companies in the service industry with a total investment of less than 5 crores

What does MSME Trademark Registration mean?

A trademark is a word, symbol, or logo that helps customers recognise and distinguish your products/services from those of your rivals. It might be a word, a logo, a slogan, or a colour palette that helps to distinguish your company. As a result, trademarks are an important part of developing a company’s brand identity or image. 

Similarly, trademark registration is the legal procedure by which businesses get exclusive ownership rights to their brand. MSME trademark registration is a process that allows MSMEs in India to get legal protection for their brand name, logo, or symbol for half the cost of standard trademark registration.

What can you Trademark in India?

In India, trademark registration can be done in the following items:

Letter

Words

Numbers

Phrases

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Symbol

Logo

Brand name

Sound mark

---

Colour combinations

Smell

The Trademark Registry will not accept any mark that is identical or similar to an already existing trademark. Furthermore, the applicant’s mark cannot be confusingly similar to trademarks for which a registration application has already been submitted. Individuals and businesses cannot file for trademarks that are likely to deceive, confuse, or fool the public. 

Similarly, trademarks containing any of the following words are not allowed to be registered in India:

• Offensive words or symbols or signs
• Common names
• Geographical names
• Common trade words 
• Common abbreviations

7 things you should know about MSME Trademark Registration

Here are few things you should know before applying for your MSME Trademark Registration:

Relevant Class:

• Understanding which class to register under while seeking for trademark registration as an MSME is critical. There are 45 separate classes in the NICE Classification System, with the first 34 being for goods and the remainder being for services.Applying for the wrong class or not applying for all relevant classes may cost you a lot of money. As a result, it is recommended that you get expert assistance with your trademark registration.

Appropriate Format:

• You should ensure that when filing your trademark application it is in the appropriate format. Because these applications require a lot of time and effort, it’s critical to get everything right the first time to avoid unwanted delays.

Time-Frame:

• It might take up to 18 months to get your registered trademark. Hence, you should file your trademark registration early in your business venture.

Country Specific Trademarks:

• Trademarks are also territorial in character. Furthermore, a trademark registered in India is only valid in India and not in other countries. If you want a worldwide trademark, you must apply for it separately in each country where you require protection.

Validity:

• A registered trademark is valid for ten years from the date of submitting the trademark registration application. To maintain legal protection, applicants must renew their trademark within this time frame.

Symbol:

• Once you’ve filed a trademark application, you may use the TM sign next to the mark to show that you’ve done so. You can start using the R sign next to your mark after your application is granted and you get a Trademark registration certificate.

Infringement:

• When an external individual or legal entity uses your brand without your permission, this is known as trademark infringement. If you have a registered trademark in India, this is illegal, according to the Trademark Act.

What are the documents required for Trademark Registration of MSMEs?

The following are the essential documents required for Trademark Registration of MSMEs:

• Address proof and ID proof of the applicant
• Certificate of incorporation or partnership deed
• Address proof of the company
• Copy of trademark or logo
• Udyog registration certificate

Conclusion

A registered trademark is an intellectual property asset that will protect your MSME’s products and/or services against third-party infringement. Trademark registration is an essential element of your MSME’s branding strategy. You can build your entire business value, goodwill, reputation, and net worth in the industry by registering a trademark.

How can we help you?

Our service scope includes:

• Providing a thorough search on the Controller General of Patents, Designs & Trademarks’ website to determine whether the mark is available for registration in India.

We shall advise you on the classes you should apply for:

• Preparing and filing the trademark application form
• Drafting affidavit to claim prior use of the mark
• Drafting response to an objection raised by Trademark registry or oppositions from third parties
• Attending hearings

Our other areas of service covers:

• Amendment to the application or registered trademark
• Assistance in Litigation
• Assistance in the renewal of registered trademarks
• Assistance in drafting franchising & licensing agreements, Assignment
• Deeds etc.

Frequently Asked Questions on MSME trademark registration