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MSME Trademark Registration: Is it worth considering?

Ashish M. Shaji

| Updated: Mar 11, 2021 | Category: Trademark Registration

MSME Trademark Registration

Having trademark registration allows companies to establish their brand identity. Therefore applying for trademark becomes one of the most important steps for companies. The Micro, Small, and Medium-Sized Enterprises have also realized the value of trademark registration therefore, they are also going forward with it. The MSME trademark registration involves a simple and cost-effective process. In this article, we shall have a look at it.

What is MSME Registration?

MSME Registration or the Udyog Aadhaar Registration is a scheme that was started by the Indian Government to encourage and facilitate the growth of small-sized enterprises in India. This registration scheme provides many benefits to MSMEs in India.

Applicants can apply for this registration by going to the official website and applying online. Further, MSMEs are classified into manufacturing enterprises and service enterprises.

What do you mean by MSME trademark registration?

A trademark is a brand name, logo, or a symbol that differentiates the products and services of a company from another company. It helps the consumers to distinguish between your brand and your competitor’s brand. It may be anything like a number, a word, phrase, or colour palette that sets your business apart. Trademark creates brand value or image for a company.

The trademark registration process for MSME involves the process by which MSME companies secure legal protection of their brand name, logo or symbol, etc. It serves as the first step of establishing the brand name for any MSME.

What can be registered as Trademark?

 The following things are eligible to be registered as Trademark in India:

  • Letter, words, or numbers;
  • Colour combination;
  • Symbol;
  • Logo;
  • Phrases;
  • Sound mark;
  • Smell;
  • Graphic design.

Any mark that is similar to any mark that is existing already will not be accepted for trademark registration by the trademark registry. Moreover, another thing to note is that the applicant’s mark should not be similar to the trademark for which the application for registration has been filed. Apart from that, individuals and companies won’t be allowed to apply for a trademark that can deceive, confuse the general public.

Likewise, trademark that contains the following words cannot be registered:

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

How is MSME Trademark Registration Beneficial?

Trademark registration for an MSME can be beneficial in the following ways:

How is MSME Trademark Registration Beneficial
  • Legal Protection

It helps to become the legal owner of the registered trademark, and no one else has the right to use your registered trademark. It may be noted that no action can be taken if the trademark is not registered with the government. The registered trademark holder can enforce legal action against them who tries to copy the trademark.

  • Unique Identity

One of the advantages of trademark registration is that it helps in establishing a unique identity of the company. No other competitor can apply or use the trademark for similar goods and services.

  • Creation of Asset

A registered Trademark acts[1] as an asset for the owner as he can easily sell or allow it on contract basis to another party. It creates intellectual property for the same.

  • Trust/Goodwill

A registered trademark creates trust and goodwill, and quality in the minds of people.

  • Popularise your brand and expand your business

Registration of trademark makes it easier to expand your business within or outside India.

Things to know regarding Trademark registration for MSMEs

The following points should be known:

  • Before applying for MSME trademark registration, know which class to apply under. According to the NICE classification, there are 45 classes.
  • MSME owners should consider meeting legal professional to understand the process of trademark registration and apply correctly. It will help in preventing unwanted delays.
  • The MSMEs should consider applying for the registration as soon as possible, and the process may take some time.
  • Trademark is territorial in nature therefore, a trademark obtained in India shall only be valid in India and not abroad. In case you need global protection, apply for it in individual countries.
  • A trademark is valid for a period of 10 years from the date of filing the application. Applicants should ensure that they renew the trademark within the valid time period.
  • After you have applied for the trademark registration, you may use the ™ symbol beside the mark as an indication that you have filed for registration, and after the application is approved and you get a registration certificate, you can use the ® symbol.

Documents required for MSME Trademark Registration

The following documents are needed for the registration of a Trademark for an MSME:

  • Address proof in the form of Driving license/Passport/Aadhaar card or Voter Card and Identity Proof (PAN/Passport)of the applicant;
  • Address proof of the company;
  • Certificate of incorporation or the partnership deed;
  • Copy of trademark or logo; and
  • Udyog registration certificate.

When and where to register trademarks?

It is hereby advised to register your brand names when you are ready to market the product and prior to its launch since the name is unlikely to be changed at this stage and it would have went through internal reviews and considerations.

All trademark registrations are territorial; therefore, if an MSME wants to expand their business abroad, then they should register their trademark in potential countries.

Conclusion

As the Micro, Small, and Medium Enterprises in India gains momentum and as the Indian market opens for foreign competition, it would be a good idea for Indian MSMEs to prepare well for getting their own trademarks and registering them at the earliest. For MSME trademark registration, you can seek the help of a legal professional who will guide you through the entire process.

Read our article:An Overview on Trademark Registration for Partnership Firms

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Ashish M. Shaji

Ashish M. Shaji has done his graduation in law (BA. LLB) from CCS University. He has keen interests in doing extensive research and writing on legal subjects especially on criminal and corporate law. He is a creative thinker and has a great interest in exploring legal subjects.

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