Trademark Registration and MSME Registration

Sr. No.	Particular
1	Trademark of the entities having MSME Registration having Udhyog Aadhar Memorandum (UAM)
2	Trademark of the entities without having MSME Registration
3	MSME Registration by obtaining Udhyog Aadhar Memorandum

Definitions of Micro, Small & Medium Enterprises In accordance with the provision of Micro, Small & Medium Enterprises Development (MSMED) Act, 2006 the Micro, Small and Medium Enterprises (MSME) are classified in two Classes:

1. Manufacturing Enterprises-he enterprises engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the industries (Development and regulation) Act, 1951) or employing plant and machinery in the process of value addition to the final product having a distinct name or character or use. The Manufacturing Enterprise are defined in terms of investment in Plant & Machinery.

2. Service Enterprises:-The enterprises engaged in providing or rendering of services and are defined in terms of investment in equipment..

The limit for investment in plant and machinery / equipment for manufacturing / service enterprises, as notified, vide S.O. 1642(E) dtd. 29-09-2006 are as under:

Manufacturing Sector
Enterprises	Investment in plant & machinery
Micro Enterprises	Does not exceed twenty five lakh rupees
Small Enterprises	More than twenty five lakh rupees but does not exceed five crore rupees
Medium Enterprises	More than five crore rupees but does not exceed ten crore rupees
Service Sector
Enterprises	Investment in equipments
Micro Enterprises	Does not exceed ten lakh rupees:
Small Enterprises	More than ten lakh rupees but does not exceed two crore rupees
Medium Enterprises	More than two crore rupees but does not exceed five crore rupees

What is Udyog Aadhaar ?

Udyog Aadhaar is a 12 digit registration number issued by the Ministry of Micro, Small and Medium Enterprises (MSME) to the existing or new small and medium enterprisers in the country who have applied for registration. This initiative of having the one page Udyog Aadhaar Memorandum (UAM) has come into effect on 18th September 2015. It has simplified the erstwhile lengthy procedure of filing for MSME registration where the small and medium enterprisers had to fill Entrepreneur Memorandum –I (EM-I) and Entrepreneur Memorandum –II (EM-II) forms which in turn consisted of almost 11 different forms along with the necessary attested certificates. The introduction of such an online user friendly form has definitely reduced the time taken and efforts made in the entire process of applying and verification of the documents for the MSME registration.

MSME

The Ministry of Micro, Small and Medium Enterprises (MSME) supports, promotes and regulates the micro, small and the medium scale enterprises in the country. The ministry provides financial and technical support to the entrepreneurs and also conducts capacity building programs with the objective of enhancing the growth of the enterprises. One cannot deny the fact that the industry has emerged as a booming sector in the Indian economy since the last decade and has been a support to the large industries mostly by provided spares and ancillary services. Hence, further boost up to the industry would result in further enhancement of the large industries and thereby the economy. Currently, the industry contributes nearly 8% to the country's GDP. It ranks second with respect to employment opportunities after agriculture. However, the not good thing about the industry is that it is quite scattered and unorganized.

MSME Registration

The micro, small and medium enterprises need to be registered under MSME for enjoying the benefits provided under various Govt. schemes to the industry. Though not a compulsion, it is always advisable for the newly established enterprises to get themselves registered under the ministry. The registered enterprises are eligible for certain benefits that let them go a step forward towards making them successful commercially.

The Udyog Aadhaar helps the small entrepreneurs in getting themselves registered under MSME in a simpler way by just filling a one page form and giving certain enterprise related details.

The salient features of Udyog Aadhaar

• Registration is online instead of personal filling. It is just a click job.
• UAM can be filed by self-declaration on the details of the enterprise.
• The details required for filing for registration: Personal Aadhaar number, Industry name, Address, Bank details, and some common information.
• One can file more than one Udyog Aadhaar with same Aadhaar Number.
• No Fee for filing.
• Once filled and uploaded, the registration number is received in the mail-id provided.

The benefits of Udyog Aadhaar registration

1. Once registered with MSME, the micro, small or the medium enterprise would be eligible for all government scheme benefits like without guarantee loan, easy loan, loan with low rate of interest.
2. The MSME registered enterprises get the financial support from the Government to participate in foreign expo.
3. The enterprise is also entitled for the Government subsidies.

With more than two lakh registered enterprises under MSME, the industry promises to move towards becoming an organized one with maximum benefits enjoyed by the entrepreneurs.

Frequently Asked Question of Trademark

1: What is a trademark?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

≥The selected mark should be capable of being represented graphically (that is in the paper form).

≥It should be capable of distinguishing the goods or services of one undertaking from those of others.

≥It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

2: How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.

Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.

Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

3: What is the function of a trademark?

Under modern business condition a trademark performs four functions

≥It identifies the goods / or services and its origin.

≥It guarantees its unchanged quality

≥It advertises the goods/services

≥It creates an image for the goods/ services.

4: Who can apply for a trademark and how ?

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.

The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

5: What are different types of trademarks that may be registered in India?

≥ Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.

≥An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.

≥Letters or numerals or any combination thereof.

≥The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.

≥Devices, including fancy devices or symbols

≥Monograms

≥Combination of colors or even a single color in combination with a word or device

≥Shape of goods or their packaging

≥Marks constituting a 3- dimensional sign.

≥Sound marks when represented in conventional notation or described in words by being graphically represented.

6: Who benefits from a trademark?

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

The Government earns revenue as a fee for registration and protection of registration of trademarks

The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same

The Purchaser and ultimately Consumers of goods and services get options to choose the best.

7: What are the benefits of registering a trademark?

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

8: What are the sources of trademark laws?

≥The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .

≥International multilateral convention.

≥National bilateral treaty.

≥Regional treaty.

≥Decision of the courts.

≥Office practice reduced in Manuals and guidelines and rulings of the Courts

≥Decision of Intellectual Property Appellate Board.

≥Text books written by academician and professional experts.

9: What does the Register of trademark contain?

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

10: Can any correction be made in the application or register?

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

11: Can a registered trademark be removed from the register?

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?