A Trademark is a unique mark used to uniquely and separately identify a business trading in goods and services from other organizations that may be in the same business or category. In order to obtain a trademark, a proprietor has to get registration n with the Registrar of Trademarks in India, and then only the ® trademark symbol can be used.
What is a Trademark Symbol?
The trademark symbols are thus used to indicate that a trademark has been registered to be used exclusively by the organization to use a brand name and business process and serves as a warning for duplicators, copycats, and counter-fitters, allowing the holder to sue violators. These trademarks can be identified as trademarks by using an appropriate sign.
If the mark is not registered, it can be labeled with a superscript TM, as in ™. This could be useful for marks that lack distinctiveness. The use of the TM symbol informs the public that a mark is intended to be a trademark.
If the mark has been registered, the registered symbol may be used. This is a capital R enclosed in a circle; ®. This mark may only be used on trademark registrations.
To the untrained eye, the representation of the TM and ® symbols can be very confusing. While most people believe they can be used interchangeably because they mean the same thing. In reality, they mean completely different things. As a result, it is important to comprehend the distinction between trademark symbols. For the simple reason, understanding the distinction will dictate and ensure that they are used appropriately.
Before delving into the differences between the trademark symbol and the ® mark symbol, it’s important to understand that a trademark can be registered or unregistered. When a company has a trademark, it does not always mean that it is registered. Not every company chooses to register its trademark.
Difference between the ™ symbol and ® symbol
TM [™] Symbol
When a trademark owner files a trademark registration application with the Registrar of Trademarks, the TM symbol is used. The TM symbol indicates the existence of a trademark registration application for the trademark and serves as a deterrent to infringers and counter-fitters.
Trademark owners use the TM symbol after claiming ownership of a text, logo, design, or picture that has not been legally registered with a regulatory authority. Businesses typically use the TM symbol to indicate that it is their first use or that they have applied for registration. Only after filing a trademark application with the Registrar of Trademarks can a trademark owner use the TM symbol.
Trademarks are divided into 45 classes based on the goods or services they apply. Classes 35-45 denote services, while classes 1-34 denote goods. Trademark owners use the TM symbol when filing a trademark application in the 1-45 class. It is permissible to use the TM symbol for all classes for a trademark application filed under classes 1-45.
R [®] Symbol
After registering a trademark, the trademark owner may use the ® symbol next to the trademark. The ® symbol indicates that the trademark has been registered and is protected against infringement under the Trademark Act of 1999. A registered trademark is one that has been legally registered with the Office of the Registrar of Trademarks.
When someone other than the registered owner uses a trademark with the ® symbol without the owner’s prior consent, he or she may face trademark infringement charges. A registered trademark aids in the prevention of unauthorized use of a company’s services and products.
Using the ® symbol after filing a trademark application but before obtaining trademark registration, on the other hand, is illegal. Using the ® symbol next to a trademark is only permitted after the trademark has been registered. It is not mandatory to put the ® symbol next to a trademark. However, it indicates the trademark owner’s claim over the mark and its identity as being registered under the law.
Choosing a Right Symbol ™ or ®
| ™ Symbol | ® Symbol |
| The ™ symbol is used for common law marks representing goods or services that are not registered with the IPO, including pending registration marks. The ™ symbol and the term “trademark” are interpreted broadly to include both product and service marks. As a result, in the case of unregistered marks, the ™ symbol is always correct. | The ® symbol is used for IPO-registered marks. This symbol can be used only after registration is granted (applying for a trademark is not enough), and only in connection with the goods and services listed in the registration. |
General Guidelines for using Trademark Symbols
1. Symbol Positioning:
The symbol should be placed immediately after the registered mark. The symbol is usually placed in superscript in the upper right-hand corner or, in some cases, in subscript in the lower right-hand corner.
2. Frequency of Use:
Using a trademark symbol in the first prominent mention of a trademark is more important than using it repeatedly. As a result, you do not have to use the trademark symbol each time it is mentioned. However, incorporating the symbol into your logo in a subtle way is perfectly acceptable.
3. Third-Party Use:
If you permit the third party to use your trademarks, you must ensure that the appropriate symbol is used. It is also essential that you monitor the licensee’s activities to ensure that the quality of the products or services offered under the marks is consistent with the quality of your products or services so that the marks retain their meaning in consumers’ minds as signaling a certain level of quality. You should consider providing guidelines for the third party’s use of the marks.
The important thing to keep in mind is that you cannot use the ® symbol for an unregistered trademark. Particularly, you cannot use the ® symbol for your trademark unless and until it has been registered. You can only use the TM symbol for the unregistered trademark.
Trademark symbols exist to serve as notice to the public that the mark preceding the symbol is a trademark. Notice may serve to deter others from using the mark but can also provide evidentiary benefits in any potential infringement suits.