Should I Trademark My Small Business Name?
The usage and registration of a trademark are unrelated to the nature of the corporate organisations. It is, nevertheless, recommended that you establish your trademark. This would be a sign of your reputation, quality, and the nature of your goods or services. And go a long way toward increasing brand value.
WHY MSME TRADEMARK REGISTRATION COULD BE BENEFICIAL
Since the COVID-19 downturn, the government has been assisting MSMEs. To expand their firm, these new businesses must establish a distinct brand for themselves. Trademark registration guarantees that enterprises and MSMEs have a distinct brand identity. Thus, registering a trademark is one of the first stages in the foundation of a business. For MSMEs, trademark registration is a simple and low-cost process.
The government has been assisting MSMEs since the COVID-19 slump. To build their firm, these new companies must establish a distinct stamp for themselves. Trademark registration guarantees that businesses and MSMEs have a distinct brand identity. Thus, registering for trademark registration is one of the first procedures in the foundation of a company. The procedure of registering a trademark for a micro, small, or medium-sized enterprise (MSMEs) is simple and inexpensive.
Trademarks assist consumers in distinguishing one brand from another. It might be a number, a word, a phrase, or a colour palette that distinguishes one company from another. Trademarks are frequently utilized to build a corporate brand image. The trademark registration procedure for MSMEs assists them in obtaining legal protection for their name, logo, or symbol, among other things. It is the first stage in establishing a brand for any MSME.
- It assists a company in becoming the legal owner of a registered trademark. No one else has the right to use a registered trademark or a logo that is identical to one that already exists.
- A registered trademark serves as a recognized asset for its owners, who may simply sell or lease it to a third party on a contract basis. As a result, it functions as a creative property for an equivalent.
- A registered brand instils confidence and goodwill in customers and raises the bar in their thoughts.
- The registration of a trademark with the government facilitates the popularization and marketing of the brand. It also aids in the growth of businesses both inside and outside of India.
- One of the advantages of trademark registration is that it aids in the establishment of a distinct business brand.
ELIGIBILITY OF TRADEMARK IN INDIA
The following are eligible for trademark registration:
- Letter, words, or numbers
- Colour combination
- Brand name
- Sound mark
- Graphic design
The Trademark Registry will not accept any mark that is identical or similar to an already existing trademark. Furthermore, the applicant’s mark must not be identical or confusingly similar to trademarks for which a registration application has already been submitted. Individuals and businesses are also not permitted to file for trademarks that may deceive, confuse, or fool the general public.
Trademarks containing the following words are not allowed to be registered in India:
- Words or symbols that are offensive
- Typical names
- Geographical names
- Commonly used trading terms
- Commonly used abbreviations
MSME COMPLIANCE TRADEMARK REGISTRATION
The following papers are required for trademark registration:
- The owner’s address evidence (Driving license/Passport/Aadhaar card or Voter Card) and ID proof (PAN/Passport).
- Proof of the firm’s address;
- The certificate of establishment of the company and the partnership deed;
- A copy of the trademark or logo; and, in the case of an MSME, the Udyog registration certificate.
OTHER THINGS TO KNOW
- Understanding which class to register under when filing for trademark registration as an MSME is critical. According to the NICE Classification System, there are 45 separate classes, the first 34 of which are for products and the remainder are for services.
- MSME owners must consult with legal professionals to ensure that they apply for a trademark properly. Because these applications require time and effort, you must do everything right the first time to avoid avoidable delays.
- Because the procedure can take up to 18 months, you should consider filing for a trademark registration early in your business career.
- Once you’ve applied for a trademark, you may use the TM symbol next to the mark to show that you’ve done so. Once your application has been granted and you have received your Trademark registration certificate, you may begin utilising the “R” sign next to your mark.
- A registered trademark is valid for ten years from the day the trademark registration application is filed. To maintain legal protection, applicants must renew their trademark within this time frame.
- Trademark infringement occurs when an unauthorised individual or legal entity uses your trademark. If you have a registered trademark in India, this is a crime under the Trademark Act of 1999.
- Trademarks are territorial, therefore a trademark secured in India will be valid only inside India and not elsewhere. If you want a worldwide trademark, you must apply for it individually in each country where you require protection.