As a trademark applicant, you might be thinking how to avoid huge application fee of 9500, instead pay only 4500/- But there is a catch.
Obtaining Startup India recognition is not a clear-cut procedure. So, alternatively, if your company falls under small, medium enterprises, then file trademark under MSME option.
However, whether is your company falls under MSME definition?
The following findings will give info on the MSME definition.
As per the new Trademark Rule 2017, Section 2, subsection (v) definition of small enterprise means that.
According to the Micro, Small and Medium Enterprises Development Act, 2006 – 16 June 2006, Section 7, sub section (1) Notwithstanding anything contained in section 11B of the Industries (Development and Regulations) Act 1951, the Central Government may, for the purposes of this Act, by notification and having regard to the provisions of sub-sections (4) (5) classify any class or classes of enterprises, whether proprietorship, Hindu undivided family, association of persons, co-operative society, partnership firm, company, or undertaking,
In case of
(a) Manufacturing or Production.
Micro Enterprise – < 25 lakhs
Small Enterprise – > 25 Lakhs < 5 crore
Medium Enterprise > 5 crore < 10 Crore
In case of
(b) Providing or Rendering services.
Micro Enterprise = < 10 lakhs
Small enterprise = > 10 Lakhs < 2 Crore
Medium Enterprise = > 2 crore < 5 Crore
Page 2 of http://www.ipindia.nic.in/writereaddata/Portal/News/312_1_TRADE_MARKS_RULES_2017__English.pdf
Page 5 of http://msme.gov.in/sites/default/files/MSMED2006.pdf
Disclaimer.: Valuation of Machinery, investment in Plant, R &D, pollution control costs are excluded in calculating the value of the company. For now, this gives a fair idea about the meaning of Small Enterprises. However, the what kind of documents the Trademark registry would accept for declaring as small enterprises is unclear now. For new companies, Section 8 specifies to mention Memorandum of Micro, Small and Medium Enterprises is required.
If you are within the above financial exposure/limit, do check online registration facility from the Government-owned website for MSME registration.
G.Devarajan M.A. LL.M.(Oxford Brookes, UK)
Advocate, IP Attorney
Mobile : +91 9884487191