Setindiabiz Team |Updated : December 27, 2024

List of Documents for Trademark Registration for an MSME

Overview : The Micro, Small & Medium Enterprises (MSMEs) sector is the backbone of a country's economy. In India, the role of MSMEs is crucial for sustainable economic growth as it contributes around 30% to India's overall GDP. It contributes to the economy in many ways, such as supporting various industries and services, creating jobs, and fueling entrepreneurial spirit. So now, you can understand how crucial it is to protect the unique mark of identification of MSMEs for the growth of India's economy. This post provides valuable insights into the required documents for trademark registration of an MSME.

Introduction

Section 2 (zb) of the Indian Trademarks Act 1999 states that a trademark is a distinguishing marking that differentiates products or services as well as its company name from competitors in the market. A trademark can be any unique symbol, design, word/combination of words, expressions, colour combination, etc., associated with any specific brand or business.

It is worth noting that the MSME gets a 50% discounted rate on the government filing fee for filing trademark applications in India. In other words, where a normal TM filing fee for companies is INR 9000, the MSME can file the trademark at just INR 4500/- government filing fee.

Like individuals, legal bodies, and big corporations, MSMEs can also own a trademark by applying for trademark registration in India. Trademark Registration helps protect the exclusive features of businesses, irrespective of their types and sizes. Like other entities, they must also check and adhere to the prescribed list of documents required for trademark registration of MSMEs in India.

Documents for Trademark Registration of MSME

The Indian government introduces several schemes from time to time to support MSMEs and increase the ease of doing business here. As a part of the initiative, it has also reduced the documents required for trademark registration of MSMEs. For filing of the trademark application, the entity will have to follow the prescribed requirement of documents as per the type of business structure; however, to avail the benefit of MSME concession of 50% in filing the trademark, the applicant will have to submit a Certificate of Registration under MSME (Udyam).

Power of Attorney or Trademark Authorisation

A POA is a crucial document that must be attached to a trademark application if registering online. It must be executed on a stamp paper of value ₹100 in the format prescribed by India's trademark office. It is an authorisation in the name of the registered agent or attorney entrusted to file the trademark application for the MSME. A power of attorney of an MSME should be executed and also signed by its director, designated partner, and authorised signatory as the case. Additionally, this document also needs to be notarized.

Proof of First Adoption or User Affidavit

In case a trademark application is filed with a prior use date, it is necessary to provide some supporting documents, such as User Affidavits and proof of adoption or the first use date of the applied mark. But if the application is filed as proposed to be used, there is no need for any supporting document.

Image of Logo or Device

To register any mark or symbol of an MSME as a trademark, a digital copy of the proposed logo, symbol or mark in the prescribed format needs to be uploaded along with the trademark application form.

How does Setindiabiz help?

Setindiabiz is a leading company dedicated to provide Compliance and Regulatory Services for businesses of all sizes and types including MSMEs. With specialization in the IPR segment, we specialize in catering to the trademark registration needs of all kinds of entities, including MSMEs. Our team of skilled professionals is there for you, right from arranging the requisite documents to submitting the duly filled trademark registration application.
Avail end-to-end trademark registration services for MSME from Setindiabiz to protect your intellectual property from any infringement or unauthorised use.

Conclusion

Trademark registration filing for MSMEs is essential to shield the exclusive identity of small & medium-sized businesses against any infringement or misuse of its IPR and make it stand out from others. Preparing and submitting the aforementioned set of documents for trademark registration of an MSME can ensure smooth and expedited processing of trademark registration documents.
Consult a trademark attorney for assistance in preparing and gathering required documents and successfully filing a trademark registration application as an MSME.