The future of Indian industry lies on its micro, small, and medium-sized businesses. This article will walk you through each stage of registering a trademark for your medium- or small-sized business.
A trademark assists businesses in creating their brand identity and deters unauthorised use of the identity. All businesses must take the crucial step of registering their trademarks in order to prevent this from happening. However, due to the numerous factors that business owners must take into account, the registration procedure may be rather challenging.
The trademark registration costs for MSMEs have been drastically decreased in an effort to support startups and small businesses. The procedure of registering an MSME trademark is quick and affordable, and it may be done online. Here is a breakdown of all the information you require regarding trademark registration for MSMEs and associated costs.
MSME Registration
The Indian government launched the MSME Udyog Aadhaar programme to support, promote, and ease the development and expansion of small businesses in India. Therefore, small, micro, and medium-sized businesses in India can benefit in a number of ways from this optional registration programme. The lower costs for trademark registration are one of the advantages.
The following business entities can apply under this scheme:
- • Businesses engaged in manufacturing or whose total investment is less than 10 crores
- • Businesses in the service sector with a total investment of less than 5 crores
What Is MSME Trademark Registration?
A trademark is a brand name, icon, or emblem that makes it easier for customers to recognise your goods and services and sets them apart from those of your rivals. It can be anything from a term, logo, slogan, or colour scheme that helps to distinguish your company from the competition. As a result, trademarks are essential to developing your company’s brand identity or image.
The legal procedure by which businesses obtain exclusive ownership rights on their brand is trademark registration. The process by which MSMEs can obtain legal protection for their brand name, logo, or symbol in India at half the cost of the typical trademark registration is known as MSME trademark registration.
Eligibility of a Trademark in India
The following items can be registered as trademarks in India:
- Letter, words, or numbers
- Phrases
- Colour combination
- Symbol
- Logo
- Brand name
- Sound mark
- Smell
The Trademark Registry will not, however, recognise any mark that is identical to or confusingly similar to an already registered trademark. Additionally, the trademark of the applicant must not be the same as or confusingly similar to trademarks for which a registration application has already been submitted. Likewise, neither people nor businesses may submit applications for trademarks that could lead the general public astray or cause confusion. The following terms cannot be used in trademarks that are registered in India:
- Offensive words or symbols
- Common names
- Geographical names
- Common trade words
- Common abbreviations
How MSME Trademark Registration Helps
MSME trademark registration can help companies in the following ways:
- Obtain the right to use a symbol or brand name exclusively
- A trademark is one example of a visually recognisable symbol that can be used in marketing campaigns.
- Defend your brand’s reputation from theft and fraud.
- Increase the visibility, credibility, and awareness of your brand.
- Facilitates company growth both inside and outside of India
- Makes it simpler for customers to distinguish between your products and services
- Aids in protecting your company’s hard-earned reputation and credibility
Things to Know About Trademark Registration for MSMEs
Knowing which class to register under is crucial when making a trademark registration application as an MSME. There are 45 separate classifications according to the NICE Classification System, 34 of which are for products and the rest are for services. You will pay a high price for applying under the incorrect class or for not applying under all applicable classes. For this reason, it is suggested that you get expert assistance while registering your trademark.
MSME entrepreneurs must consult with legal professionals to ensure they submit a trademark application properly. You must complete these applications correctly on the first try in order to avoid needless delays because they require time and effort.
As the process can take up to 18 months, you should think about applying for a trademark registration relatively early on in your entrepreneurial path.
Additionally, trademarks have a territorial aspect. Additionally, a trademark registered in India will only be recognised domestically, not internationally. You must submit individual applications for a global trademark in each of the nations where you require protection if you want to obtain one.
Similar to this, a registered trademark is valid for ten years after the application for registration was submitted. For continuing legal protection, applicants must make sure they renew their trademark within this time frame.
When you submit an application for a trademark, you can place the TM symbol next to the mark to show that you have done so. Use the R sign next to your mark once the application is accepted and you are given a Trademark registration certificate.
Trademark infringement occurs when a third party or legal body uses your trademark without your permission. According to the Trademark Act of 1999, this is illegal if you have a registered trademark in India.
Trademark Registration Fees for MSMEs
To assist small businesses in obtaining trademarks, the 2017 Trademark Rules Amendments significantly cut the trademark fees for MSMEs. The following are the new trademark registration costs for MSMEs:
- Individuals and proprietorship Firms – ₹4,500/- per class per application
- Companies, partnership firms, and LLPs – ₹9,000/- per class per application
- If the company has a Udyog Aadhar/MSME registration — ₹4,500/- per class per application
- 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