What is Udyam Registration?

UDYAM REGISTRATION

What is Udyam Registration?

Udyam registration is a new system introduced by the Ministry of Micro Small Medium enterprises to assign status of micro, small or medium to enterprises in India. Government has various schemes & plans for development of MSME. Hence to implement these schemes & plans government need to verify the status of enterprises. 

Hence by introducing Udyam registration system, government can easily identify the updated status of enterprise. Whether fall under micro, small or medium category & accordingly provide the benefit to enterprise.

Hence we can say in simple words Udyam registration is a system developed by government to identify the updated status of each enterprise.

Why government introduced Udyam Registration?

Udyog Adhaar registration system was being used earlier to register for MSME, which generate registration on self-declaration basis, but after registration there was no change in status of enterprise also no system was available to track the updated status of enterprise. No further information was available after registration.

Hence it was lacking in the following areas:-

1. No updated information available.
2. No status updates functionality on the basis of current position of enterprise.
3. Status allotted at the time of registration remains same even after increase in turnover & investment.
4. No system to track the authenticity of turnover & investment by enterprise.

By introducing Udyam registration system, now: 

1. Status of enterprise will be updated automatically every year.
2. Turnover & investment data will be fetched from income tax return & GST Return.
3. Authenticity of investment & turnover checked automatically.
4. Status of enterprise will be on the basis of authentic data. 

Some important points for Udyam Registration:

1. Any person who intends to establish a micro, small or medium enterprise may file Udyam Registration online on the Udyam Registration portal.

2. No documents, papers, certificate or proof required to upload.

3. On successful registration enterprise will be "Udyam".

4. All registered Udyam will be assigned a permanent identity number "Udyam Registration Number".

5. "Udyam Registration Certificate" shall be issued on successful completion of the registration process.

Classification of MSME enterprises under Udyam Registration

An enterprise shall be classified as micro, small or medium enterprise on the basis of following criteria:

Micro	Where the investment in plant & machinery or equipment  does not exceed ONE Crore rupees AND turnover doesn't  exceed FIVE Crore rupees.
Small	Where the investment in plant & machinery or equipment  does not exceed TEN Crore rupees AND turnover doesn't  exceed FIFTY Crore rupees.
Medium	Where the investment in plant & machinery  or equipment does not exceed FIFTY Crore rupees AND turnover doesn't  exceed TWO HUNDRED & FIFTY Crore rupees.

Composite criteria of investment and turnover shall apply for classification of an enterprise as micro, small or medium.

If an enterprise crosses the ceiling limits specified for its present category in either of the two criteria of investment or turnover, it will cease to exist in that category and be placed in the next higher category but shall not be placed in lower category unless it goes below the ceiling limits in both criteria.

All units registered under GST portal for same PAN shall be collectively treated as one enterprises and turnover and investment for all such entities shall be seen together and only the aggregate values will be considered for deciding the category.

What are the documents Required for Udyam Registration?

Udyam registration is based only on adhaar number, totally paperless & online process. Hence no document is required to file on Udyam Registration portal. Only the information are required relating to enterprise.

Points to be kept in mind while doing Udyam registration:

1. No fee is payable for Udyam Registration.
2. Permanent registration number will be allotted.
3. PAN & GST linked detail of investment & turnover will be taken automatically from Government data.
4. PAN & GST number is mandatory from 01st April 2021.
5. Only one Udyam registration for one enterprise. Multiple Udyam registration not allowed.
6. After completion of process an online "Udyam Registration Certificate" will be generated.
7. No renewal is required for Udyam Registration.

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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM

Procedure for Registration of Trademark

PROCEDURE FOR REGISTRATION OF TRADEMARK IN INDIA

What is Trademark?

Trademark is a name, symbol, logo, word, device or any combination. It is used to distinguish their products from the other. Trademark or brand name both are same.

Trademark/Brand name are most important for startups as well already established businesses. Packed goods trend increased in India, Almost all products are sold in packed form. 

Trademark/Brand name helps the buyer to choose a product of his/her choice out of various available in store. Also trademark/brand name creates value for your products in the market.

It will help to increase your sale. No one else can take benefit of your goodwill created by you.

Trademark/Brand registration provides exclusive rights of use to owner. No one else can use brand for their products without taking owner consent. Owner can also claim losses or penalty if anyone uses his brand without his permission.

Hence, it is recommended to all businesses specially startups to get their brand registered under The Trademarks Act, 1999.

Which Laws govern Trademarks in India?

The Trademarks Act, 1999, The Trademarks (Amendment) Act, 2010 and Trademark Rules, 2017 governs the law with respect to trademarks in India.

Who can apply for Trademark Registration?

Application for trademark registration in India can be filed by anyone from below categories

1. Individual

2. Partnership Firm

3. Limited Liability Partnership (LLP)

4. Company (Body Corporate)

5. Society

6. Trust

7. Association of persons

8. Statutory Body

9. Government Department.

10. Hindu Undivided Family (HUF).

11. Single Firm.

12. Joint Firm

Information & Documents required for Trademark registration?

1. Applicant Name (Individual/Firm/Partnership/Company).

2. Applicant Address along with PIN Code.

3. Nationality of applicant.

4. Category of Applicant.

5. Email id of Applicant.

6. Mobile no of Applicant.

7. MSME/Startup Registration Certificate (if any, to reduce application fee.)

8. Trade Mark /Brand Name/Logo (if designed then soft copy in JPG Format).

9. Goods / Services in respect of which applicant desire to secure registration.

10. If applicant using the trademark/brand name from earlier date then proof & date of use.

Where to apply for Trademark registration?

Trademark application can be submitted physically or by way of e-filing at www.ipindia.nic.in . Physical application can be submitted at counter of regional office situated at New Delhi, Mumbai, Kolkata, Ahmedabad & Chennai. 

Fee payable for Trademark Registration?

                 

	For Physical filing	For E-filing
Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.
Where the applicant is an Individual / Startup / Small Enterprise	INR 5,000	INR 4,500
In all other cases	INR 10,000	INR 9,000

      

Procedure for registration of Trademark: 

Trademark registration have following stages from availability search to its registration:-

1. Search & possibilities of the trademark:

It’s first & very important stage of trademark registration.

Under this stage it is checked whether trademark is eligible for registration and any similar trademark is already registered or not with office of the Registrar of Trademarks.  

Some tools are used to remove the future issues at this stage. If applicant make proper search at this stage then it will help him in the later stage. 

Applicant's trademark may be registered without any objection & opposition if comprehensive search is performed at this stage. Hence it should be done carefully.

 2. Preparation & filing of Trademark application:

Once trademark finalized then application is drafted & filed with registrar to proceed for registration. Fee payable along with application for registration is mentioned above.

 3. Examination of application by department:

After submission of application with department, it will be scrutinized by department & if found any default of any provisions of Trademark Act, 1999 or similar with existing trademark or not eligible to be registered then may raise objection. 

It’s not in all cases. It may accept the application for publication as well, higher chances of acceptance if proper & careful search was done at first stage.

4. Filing of reply on objection raised by department (if any):

If any objection raised by department under examination report, then process of TM application is stopped, till filing of reply on it within 30 days.

If no such reply is filed then application is abandoned. Hence reply must be filed within stipulated time. If asked for any modification in existing application then file form  TM-M for modification. [Govt fee also payable for TM-M i.e. 1000/- (physical) or 900/- (e-filing)]

5. Hearing for objection:

Sometimes department not satisfied with the reply submitted against objection & then call for hearing. Applicant will have to present before the authority at the time of hearing at a given time. If not present then application may be rejected.

 6. Publication in Journals for public objection:

As application is accepted by department after accepting reply or accepting at hearing or accepting without any objection.

Then it is published in trademark journals for public objection and it remains open for opposition for Four months. Anyone having any issue with registration of trademark may oppose application within given time by filing form TM-O [Govt fee payable for TM-O i.e. 3000/- (physical) or 2,700/- (e-filing)]

7. Opposition filed by pubic (if any):

It might be opposed by anyone or might be not within publication time before registration.

If no opposition filed within period of publication then registration certificate will be issued.

OR

If opposed by anyone from the public then will have to fight the case at Trademark court & prove rights.

If a Trademark application is opposed, then reply need to be filed within 60 days against the issues raised by opponent. Also might have to file case & fight the same. Once rights of applicant are proved at court & order has been passed. Registration certificate will be issued.

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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM