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Soumya Bajpai
| Updated: 23 Sep, 2020 | Category: Trademark

When to use Symbol of ® or ™ while having Trademark Registration

When to use Symbol ® or ™ while having Trademark Registration

A trademark is a way of branding and identifying a product or service, and helps in distinguishing products or services from competitors. Over a period of time, the concept of what is considered to be a trademark has expanded. It includes logo, colour, word, sound, smell, shape, phrase, picture, number, movement, letter, aspect of packaging, or combination of any of these elements. The status of a trademark, however, can be identified through the correct use Symbol of ® or ™ different symbols, which are also an essential element of brand protection.

When to use Symbol of ® or ™

 use ® or ™

Read our article:An Overview on Document Required for Trademark Registration

What are the Trademark Symbols?

The primarily two symbols are the ™ symbol and the ® symbol. These are placed commonly in a prominent position, typically to the right at the end of a trademark and used by traders in the marketplace. However, the respective meanings of symbols cannot be widely understood, and sometimes they are not applied correctly.

“TM” symbol

The ™ symbol is used to indicate competitors and consumers that this brand is intended to be operated as a “trademark”. The use of symbol does not mean that trademark is registered, nor does it indicate that brand owners have any rights pertaining to registered trademarks under the Act.

This mark can be used in connection with products/goods and not services, can use TM in superscript after their brand name. The ™ symbol indicates that an owner of the trademark views mark as deserving trademark protection and parallel warns the third parties not to use the same or a confusingly similar trademark. Although the ™ symbol is not as a common symbol as the ® symbol, it is still fairly common on products sold.

“R” symbol

The ® symbol indicates that trademark has been registered under the Act. It should only be used once the trademark has been registered as a trademark under the Act. Therefore it demonstrates the consumers and competitors that the owner of it has been granted certain exclusive rights of use the brand name. Also it gives protection mechanisms which are only available to and enforceable by registered trademark holders under the Act. It can also assist in acting as a deterrent to potential infringers from copying the brand logo or name.

The trademark symbol is used by most people which are familiar with this trademark registration symbol, i.e. ®. The ® symbol can be used in connection with trademarks or services marks that are registered with the (USPTO) United States Patent & Trademark Office. Use of ® symbol is one of the benefits of trademark registration because it simultaneously lends credibility to the product or company as consumers are familiar with the symbol. Also it alerts competitors not to use the same or a confusingly similar trademark or service mark.

The Main Difference between the use Symbol of ® or ™

The TM symbol is generally be used by any business or person to indicate that particular word, phrase or logo is intended to serve as an identifier for the source of the product or service. One must have to register a trademark before using it. However, many companies opt to use the TM symbol for new a business before or during a Trademark application process.

The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which possess a valid trademark registration.

Who is Eligible for Trademark Registration in India?

The person as an individual, company, proprietor[1], or other legal entity who claims to be an owner of a trademark can apply for trademark registration in India. An application for trademark must be filed within few days and after a grant of registration, one can start using “TM” symbol. Once the trademark gets registered, it will be valid for 10 years from the date of filing, further it can be renewed time to time.

Conclusion

The main step to bring the asset or brand name under ™ registration is applying for online trademark registration. Hence, it’s obvious that applying for trademark registration online is far more feasible, as compared to the conventional methods of offline application. Corpbiz helps in providing various services regarding the Trademark registration process. We at Corpbiz provide instant response to requests in guaranteed time duration and help you maintain trademark logo. We also submit an application for trademark registration and track the status on behalf of our clients.

Read our article:Identify your Appropriate Class for Trademark Registration

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Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

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