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Trademark Registration For MSME: A Complete Overview

Trademark Registration For MSME

A trademark assists enterprises in generating their brand identification and helps prevent unauthorized use of the brand. All enterprises must take the vital step of Trademark Registration to prevent hindrances. Nonetheless, due to the multiple factors that business owners must take into account, the registration Procedure may be rather challenging. The costs for Trademark Registration for MSMEs have been considerably reduced to support start-ups and microenterprises. The procedure for Trademark Registration for MSME is quick and affordable, and it may be done online. Here is a breakdown of all the information you require concerning Trademark Registration for MSMEs and associated expenses.

A Glimpse of MSME Registration

The Indian government launched the MSME Udyog Aadhar program to support, encourage, and streamline the development and expansion of micro-enterprises in India. Therefore, small, micro, and medium-sized enterprises can be benefitted in several ways from this optional registration program. The lower costs for trademark registration are one of its advantages. MSME registration is a mandatory process for any business to legally start and operate in India.

Under this program, the following corporate entities may apply:

  • Companies engaged in manufacturing or enterprises with a total investment of fewer than 10 crores
  • Firms in the service industry whose total investment is less than 5 crores

A Glimpse of Trademark Registration for MSMEs

A trademark is a brand name, icon, or emblem that makes it easier for clients to recognize your goods and services and sets them apart from those of your adversaries. It could be a term, phrase, logo, or color scheme that helps to distinguish your company from the competition. In a nutshell, trademarks are essential to developing your company’s corporate identification and reputation. 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 is known as Trademark Registration for MSME.

Benefits

The following are the advantages in the context of Trademark Registration for MSMEs:-

  • Obtain the legal authorization to use an emblem or brand recognition;
  • A trademark is one example of a graphically recognized symbol that can be used in marketing campaigns;
  • Defend your brand’s reputation from theft and deception;
  • Enhance the credibility, legitimacy, and popularity of the brand;
  • Makes it easier to expand your corporation both inside and outside of India;
  • Protects your corporation’s hard-earned reputation for integrity and reliability;
  • Enables consumers to more effectively distinguish between items and services

Important Information about Trademark Registration for MSMEs

Below mentioned is a detailed outlook for analyzing the basic structural framework concerning Trademark Registration for MSMEs:-

  • Understanding which class to apply under is crucial when doing Trademark Registration for MSMEs.
  • There are 45 separate classes under the NICE Classification System, of which the first 34 are for products and the remaining ones are for services.
  • You will have to pay a high price if you apply for an inappropriate class or if you don’t apply for all appropriate classes. 
  • MSME entrepreneurs must consult with legal professionals to assure they submit a trademark application properly.
  • You should try to finish the application accurately on the first trial order to avoid pointless delays as it consumes a lot of time and effort.
  • As the process can take up to 18 months, you must consider filing a trademark registration relatively early in your entrepreneurial path.
  • Trademarks are also territorial. Additionally, a trademark registered in India will only be recognized domestically, not internationally.
  • You must submit individual applications for the international trademark in each of the nations where you require protection if you want to obtain one.
  • Similarly to this, a registered trademark is valid for ten years after the registration application has been submitted.
  • To maintain legal protection, registrants must make sure to renew their trademarks within this time frame.
  • When you apply an application for the 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.
  • When a third party or legal entity uses the brand illegally, this is known as trademark infringement.
  • According to the Trademark Act of 1999[1], this is illegal if you own a registered trademark in India.

Expenses in Trademark Registration for MSME

To assist micro-enterprises in securing trademarks, the 2017 Trademark Rules Amendments significantly cut fees concerning Trademark Registration for MSMEs. The following are the new registration costs for the Trademark Registration for MSMEs:

To apply for a trademark typically:

  • People and sole proprietorship Companies: Rs. 4,500 per class and application.
  • Rs. 9,000 for each category per application for corporations, partnership entities, and LLPs.
  • If the business is registered as an MSME with Udyog Aadhar, the fee is Rs.4,500 per class and application.

Required Documentation in Trademark Registration for MSME

Following are the documents, which are required to do Trademark Registration for MSMEs:-

  • Applicant’s ID and residence documentation
  • A partnership agreement, as appropriate
  • The corporation’s address is established
  • Plagiarized trademark or emblem
  • Document confirming Udyog Registration

Conclusion

Trademark Registration for MSMEs is a crucial step for all enterprises. It grants unique possession rights over the company’s logo or brand name, serving as a successful marketing tactic. Therefore, it is crucial for business owners to carefully analyze and abide by the rules to preserve their trademarks. BizAdvisors.io is a legal platform, that provides a robust support system concerning Trademark Registration for MSMEs. For any query about the framework of Trademark Registration for MSMEs, you can freely contact our legal consultants at the official website of BizAdvisors.io.

Read our article:Trademark Registration For Partnership Firms: A Complete Overview

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