Trademark Registration for MSME

Trademark Registration Procedure for MSME

Online Legal India LogoBy Online Legal India Published On 27 May 2022 Updated On 10 Jan 2023 Category Trademark

Introduction 

The act of registering a company name, brand name, device, logo, or symbol has its own set of benefits, including the acquisition of exclusive legal rights to the user's trademark for the aim of better protecting the firm. As a result, it is the first step toward the organisation building its own brand. A trademark assists businesses in developing their brand identity and protects them against infringement. Because it is critical for micro, small, and medium businesses to safeguard their trademarks, the fees for trademark registration for MSMEs have been significantly cut to promote start-ups and small businesses. Here's a look at the value of trademarks for small businesses and how to register them.

Benefits of Trademark Registration for MSME

 

Legal Protection

When you register your trademark with MSME, you become the legal owner of the trademark, and no one else can use it without your permission.

 

It grants the trademark legal protection, thus if the MSME trademark is not registered with the government, no action can be made against a third party even if the trademark is abused or infringed. The owner of the MSME registered trademark has the legal right to sue anybody who copies the trademark without authorisation.

 

Distinct Identity

One of the most beneficial aspects of trademark registration for MSME registration is that it aids in the creation of a distinct corporate brand. As a result, the trademark's distinctiveness prevents other firms in the market from applying for or using it for identical goods or services.

 

Asset Development

A registered trademark for MSME functions as an asset for the owner since only the owner has the power to sell, licence, or authorise the trademark on a contract basis to anyone else. For the same, trademark registration generates a form of intellectual property.

 

Reputation

MSME has a brand name thanks to trademark registration. Because trademark registration offers the product its individuality and uniqueness, it may easily build reputation and confidence, and assure high quality in the minds of your customers.

 

Increase Brand Awareness

The registered trademark for MSME will be freely searchable on federal trademark databases' websites. It may help the owner gain reputation among the public and in the marketplace, which will attract more customers and be beneficial for the firm.

 

Factors About Trademark Registration For MSME

 

  • It is critical to comprehend and know which class to register under when filing for trademark registration as an MSME. According to the Nice Classification System, there are 45 separate classes, the first 34 of which are for product categories and the remainder for service categories.
  • MSME owners should consult with legal counsel to ensure that trademark registration is completed correctly. Because the application necessitates knowledge, effort, and time, it is critical that everything is done correctly the first time to minimise avoidable delays.
  • It is recommended that the owner consider trademark registration early in their entrepreneurial path and not delay in applying because it is a time-consuming procedure that may take up to 18 months.
  • The registered trademark is valid for ten years from the date of submitting the trademark registration application. To continue to benefit from the available legal protection, applicants must renew their trademark within this time period.
  • After filing for trademark registration, a person can use the TM sign beside the mark to indicate that a trademark protects the products or services. After obtaining the Trademark registration certificate and acceptance of the application, the applicant can begin utilising the R sign next to the mark.
  • Trademark infringement occurs when a legal body or an external person makes unlawful use of a trademark. If the applicant owns a registered trademark in India, this is illegal under the Trademark Act of 1999.

Documents For Trademark Registration Of MSME

  • The applicant's address, identification, and contact information
  • Incorporation certificate or partnership deed
  • The company's proof of address
  • A duplicate copy of the trademark or logo
  • Information about the company
  • Certificate of Udyog registration

 

Fees Required For Trademark Registration

The trademark costs for MSMEs have been considerably decreased under the modified Trademark Rules of 2017, in order to assist small businesses in obtaining trademarks. The following are the new trademark registration fees for MSMEs:

 

Typical trademark applications include:

 

  • Individuals and business ownership Firms – Depends on the application per class
  • Depends per class for each application for corporations, partnership businesses, and limited liability partnerships.
  • Depends per class per application if the organisation has a Udyog Aadhar/MSME registration.

 

Procedure For MSME Trademark Registration

Businesses who want to benefit from the government's MSMEs benefits must first register on the 'Udyog Aadhaar Memorandum portal.' The MSME registration process is simple and free of charge for all users. The following is the method for MSME Company Registration:-

 

  • On the Udyog Aadhaar Memorandum Platform site, you will be required to fill out a form.

 

  • After entering your Aadhaar number & name, click 'Validate & Generate OTP.'

 

  • You'll need to fill out the PAN details when you've finished the authentication. You can select No if you do not have a PAN card.

 

  •  After that, you must fill out fields 5 through 24 of the form.

 

  • At the completion of the form, an OTP alert will be sent to your mobile once again. Enter the OTP and verification code to complete the form.

Conclusion

Online legal India is India’s one of the fastest-growing legal platforms that provide its customers with the best legal services at an affordable price. The experts will guide you throughout the entire process and will help you to get the best results.

With Online legal India, you can have the supervision of professionals and can get the best suggestions that will help you out with your problems. Don’t wait for any more. Come to the experts for your MSME trademark registration and protect your brand logo from forgery.


 


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