Is MSME Udyam Trademark Registration Worth Considering?

A trademark helps businesses develop their brand identity while also protecting them against trademark infringement. As a result, registering for Trademark Registration is a necessary step for all entities or businesses. However, the process of MSME Udyam Trademark Registration can be complicated since there are various factors that business owners must consider. Furthermore, in order to encourage small businesses and new ventures, the rates for MSME Trademark Registration have been significantly decreased. As a result, MSME Trademark Registration is a simple and inexpensive process that can be completed online. Read below to learn more about MSME Udyam Trademark Registration.

What exactly is an MSME Udyam registration?

An MSME Registration, earlier also known as Udyog Aadhaar Registration, but now it is called udyam registration. Therefore it is an initiative run by the Government of India to aid in the formation and growth of small businesses in India. In India, such a strategy provides several benefits to small, micro, and medium-sized businesses. At the moment, the following businesses can apply under this scheme:

Manufacturing entities or enterprises with less than Rs. 10 crores in total investment; Services sector entities or companies with less than Rs. 5 crores in total investment.
Applicants can apply for MSME Registration by visiting the official website and submitting an online application. Furthermore, MSMEs are divided into service and manufacturing firms.

Now business owners can update udyam registration certificate online through this portal. 

What specifically is MSME Udyam Trademark Registration? – A Quick Overview

A trademark is a brand term, logo, name, or symbol that helps customers recognise and differentiate a company’s products and services from those of rivals. It might be anything from a phrase, number, or colour palette that helps distinguish your company. As a result, trademarks are an important aspect of developing a company’s brand identity or image. Trademark registration is the legal procedure through which businesses get exclusive ownership rights to their brand. MSME Trademark Registration is the procedure through which MSME firms in India may assure the legal protection of their trademark name, phrase, logo, or sign. It is the first stage in establishing a brand name for any MSME.

What are the requirements for MSME Udyam Trademark Registration in India?

In India, the following items are eligible for trademark registration:

• Logo;
• Smell;
• Numbers, words, letter;
• Symbol;
• Colour combination;
• Graphic design;
• Phrases;
• Sound mark.

If any registered mark is similar to another registered mark. The Trademark Registry will then reject it for Trademark Registration. Another thing to keep in mind is that the applicant’s mark should not be comparable to the Trademark for which the Trademark Registration application has been submitted. Companies and individuals will not be allowed to file for a trademark that may mislead or confuse the general public. Furthermore, trademarks containing the following terms are ineligible for registration:

Common names and abbreviations;

Offensive symbols or words;

Geographical names.

What Are the Advantages of Having an MSME Udyam Trademark?

The following are some of the advantages of an MSME Trademark Registration in India:

Unique Persona:

One of the most important advantages of trademark registration is that it aids in the creation of a distinct identity for any organisation or institution. No one else may apply for or use the Trademark for the same products and services.

Highlight your brand and grow the business you operate:

Trademark registration makes it quick and straightforward to disseminate or extend your business within and outside of India, as well as popularise your brand.

Legal Protection:

It helps to become the actual owner of a registered Trademark, and no one has the legal right to use the registered Trademark without the authorization of the registered Trademark’s actual owner. Also, keep in mind that if the trademark is not registered with the government, no action may be done. The registered Trademark owner has the legal right to sue people who attempt to imitate the registered Trademark.

Goodwill:

A registered trademark produces goodwill, trust, and quality in the minds of the public.
Asset Creation: A registered trademark serves as an asset for its owner since it may be swiftly sold or licenced to another party on a contract basis. It also generates intellectual property (IP).

Important Considerations for MSMEs Regarding Trademark Registration

Understanding which class to register under is an important component of applying for MSME Trademark Registration. The NICE Classification System has 45 separate classes, the first 34 of which are for products and the remainder are for services.

Because trademarks are territorial, a trademark granted in India is only valid in India and not elsewhere. If you want international protection, you must register for International Trademark Registration in each country.

A trademark is only valid for 10 years from the date of application for registration. Applicants must renew the Trademark within the time frame specified.

MSME owners may consider consulting with legal specialists to fully comprehend and apply the Trademark Registration procedure. It will aid in avoiding needless delays.

if you have applied for Trademark Registration, you can use the TM sign at the end of the mark to indicate that you have submitted an application for registration, and if the application has been granted and you have received a Certificate of registration, you can use the R symbol.

MSMEs must consider registering as soon as feasible, and the procedure may take some extra time.

Trademark infringement occurs when an unauthorised or unlawful person/third party uses a trademark that has been registered without the authorization of the registered trademark’s owner in India, according to the Trademark Act, 1999.

Important Documents for MSME Trademark Registration

The following are some important papers needed for an MSME to register a trademark:

Submit any applicant’s address evidence, such as a driving licence/Aadhar Card/Voter Card, as well as the applicant’s identification proof, such as a PAN Card or Passport.
Please provide a copy of the logo or trademark.
Submit verification of the company’s address;
Please provide a Certificate of Registration or the Partnership Deed.
Certificate of Registration for Udyog Udyam.

When and where may you register a trademark?

It is strongly advised to register your trademark when you are ready to join the market and advertise your product ahead to its debut, since the name is unlikely to change at this stage. Internal evaluations and considerations would be required. Because all Trademark MSME Udyam Registration are territorial, if an MSME wishes to expand their business abroad, they must register their Trademark in each country individually.

Conclusion

As Indian MSMEs gain pace and the Indian market opens its doors to foreign competition, it would be a wise decision for Indian MSMEs to plan for and register their trademarks. You can contact any legal professional for MSME Udyam Trademark Registration, and they will walk you through the whole procedure.