MSMEs play a significant role within the Indian economy, whether it’s based on employment generation, contribution to exports, or GDP growth. In a competitive environment, the MSME owner must ensure not only that their business continues to thrive and grow their market share, but also that they protect their brand. Registering a trademark is one of the best ways to protect a business’s identity.
This guide will cover everything an MSME owner will need to know in relation to trademark registration for MSME. This will include why it is important, how to register, the Benefits of registering, the documents that will be required, and why every MSME owner should consider registration!
What Is A Trademark?
A trademark is a word, name, statement, design, graphic, or symbol that gives customers a way to distinguish your products or services from those of your competitors. A trademark gives protection to your company and the credibility of how unique your company is versus others. A trademark adds confidence for MSMEs from knowing that a good trademark means no one else can use a similar name, logos, or brand identity that confuses consumers.
Importance Of Trademark Registration For MSME
There are several advantages of trademark registration for MSMEs, including:
- Brand Protection: With trademark registration, brands are protected from competitors copying and using their brand.
- Customer Trust: Registered trademarks help create confidence and trust with customers as they are indicators of a legitimate brand.
- Legal Ownership: Registered trademarks provide the legal right for a business to its brand name and/or logo.
- Business Growth: Whether a business is growing (through social media marketing, franchising, licensing, or entering a new market).
- Asset Creation: Registered trademarks are intangible assets that create monetary value if they can be licensed, sold, or assigned.
Step-by-Step Procedure of Trademark Registration for MSME
The procedure for MSME to register a trademark includes six steps. These are:
1. Trademark Search
Before you make your application, you should search to see if your trademark is similar to another trademark. This can be done through the official website for the Controller General of Patents, Designs, and Trademarks.
2. Trademark application (TM-A)
Applications may be made online or in person. MSMEs are allowed to apply and pay 50% of the registration fees as directed under government policy.
3. Application Examination
Once you have lodged your application and it has been accepted, the Registrar will check that the application and documents are all appropriate and legally valid. They will review the application to see if the trademarks can be registered and check the goods/services to see if a similar trademark already exists.
4. Trademark Journal
If your application passes the examination and is accepted for publication in the Trademark Journal, you can advertise your trademark and the application. Your application will be made public for any person to object to, where they think your trademark is similar to their existing trademark registration.
5. Objection Period
An authorized party may only object if they are notified via the journal that their trademarks are similar, during the four months after publication. If there are no objections, then the application will cease to be processed.
Documents Required for Trademark Registration for MSME Online
For the registration of a trademark in India, MSMEs are required to submit certain documents. Below is a list of documents you will need:
- Business Proof: MSME Certificate (Udyam Registration) or Incorporation Certificate.
- Identity Proof: Identity proof of the business owner, such as an Aadhaar Card, PAN Card, or Passport.
- Address Proof: Address proof, such as utility bills, rent agreement, or proof of office address.
- Logo or Brand Design: High-resolution image of the logo (not applicable if only wordmark).
- Authorization Document: Power of Attorney (Form TM-48), if an agent files the trademark application.
- Trademark Application Form: Duly filled Form TM-A.
Time Taken for MSME Trademark Registration
The period to secure trademark registration for MSME can last between 12 -18 months (if there are objections and/or oppositions).
Government Fees for Trademark Registration Certificate for MSME
The Indian government provides a concession for MSMEs in trademark registration fees:
| Applicant Type | Trademark Registration Fee (per class) |
|---|---|
| Individual / Startup / MSME | ₹4,500 (per application) |
| Others (Company / Firm not registered as MSME) | ₹9,000 (per application) |
This subsidy encourages MSME to safeguard their brand identity at a minimal cost.
Features of Trademark Registration for MSME in India
Several key benefits of trademark registration are extremely valuable to MSME:
- Time Period of Protection: Registered trademarks last for ten years and can be renewed in perpetuity.
- Countrywide Protection: Trademarks are protected across the globe as if they are registered in India.
- Exclusivity: The registered trademark owner is the only owner and can use it as they wish.
- Legal Certainty: Should the trademark be infringed, the owner has legal remedies.
- International Applications: Additional trademarks can be registered in foreign territories.
Why Should MSMEs Register Their Trademarks?
Each MSME should register its trademark for the following reasons:
- Keeps competitors from improperly using your brand identity.
- Fosters trust (credibility) and customer loyalty.
- Provides ownership (legal rights).
- Promotes growth and financing.
- Marks a future intangible asset.
Why Choose Udyamita Helpline For Trademark Registration For MSME?
Udyamita Helpline simplifies trademark registration for MSMEs by being affordable and efficient. This includes trademark searches, trademark applications, objections, and renewals, with total support through all phases. Udyamita Helpline has the knowledge and ability to help MSME and resolve brand identity quickly and at a lower cost.
Conclusion
Trademark registration can provide you with protection of your brand identity, solidifying trust with your customers and paving the way for growth and success for your small business. The process has become so beneficial for small businesses under government conditions and professional help that it is relatively inexpensive and within reach for business and small business owners.
All MSMEs must obtain a trademark registration if they wish to take their business further in the future and develop their business into a well-known brand. Trademark registration will not only provide legal protection but is also an important factor in the future success of your business.
FAQs
Is Trademark Registration Voluntary And Mandatory For MSMEs?
No, it is not mandatory, but it is strongly recommended for the sake of clarity of ownership and making informed decisions as a brand owner.
Do MSMEs Receive Any Discount For Trademark Registration?
Yes, an MSME that is registered under Udyam is eligible to receive a 50% discount of the filing fees.
How Long Does It Take To Receive A Trademark?
It typically takes about 12-18 months, but once you submit your application, you will be entitled to use the ™ symbol.
Can An MSME Register Multiple Trademarks?
Yes, the MSME can register multiple trademarks for different products/services.
