Most people believe these can be used as substitutes or interchangeably because they signify the same thing. In reality, they are two different symbols during the process of Trademark Registration and it is important to to understand the nitty gritty behind the use of ™ and ® if you are a business owner. A trademark application passes through various stages of trademark status. Compliance Calendar traces the difference between these two icons that you often get to use on the products/ brands/ logo and elsewhere.
Before proceeding, it is important to understand that a trademark can be registered or unregistered. When an applicant (Individual/ Company/ LLP/ Firm/ Society etc.) possesses a trademark, it does not always indicate that it is registered. Not everyone has got the registered trademark and chances are that their Logo/Marks are still not registered.
This takes us to the difference between the two (™ and ®); when a brand name includes the TM symbol as a suffix beside the brand name, it indicates that the trademark is not registered. Even if you have started the process of registering your trademark, you can only use the TM symbol, not the ® symbol. The "TM" symbol indicates to potential infringers that you are the owner of the trademark. If someone infringes on the trademark, the remedy is not statutory, but rather the common law remedy of passing off. The moment you have filed a trademark application, you are entitled to making use of the trademark symbol ™ on your brand name/ logo etc. Further, you may also consider what are well known Trademarks and how to obtain it?
To understand the key differences between ™ and ® in detail for a better understanding, one needs to understand first why they are important assets of Trademark Registration and why it is important to protect your brand name.
The use of TM (™) and R (®) symbols is important because they provide valuable information about the status of a trademark. Here are a few reasons why these symbols matter:
Ownership: The use of the TM symbol indicates that the trademark owner is claiming rights to a particular word, phrase, or logo as their trademark, even if the trademark is not yet registered. This can help prevent others from using the same or similar trademarks in the same industry or field.
Legal Protection: The use of the R symbol indicates that the trademark has been registered with the appropriate trademark office and is legally protected under a particular trademark class. This provides the trademark owner with exclusive rights to use the trademark for the goods and services it covers and helps prevent others from using the same or similar trademarks.
Brand Recognition: The consistent use of the TM and R symbols can help build brand recognition and awareness among consumers. When consumers see these symbols associated with a particular product or service, they are more likely to associate the trademark with a particular brand.
International Recognition: The use of the TM and R symbols is recognized internationally, making it easier for businesses to protect their trademarks in multiple countries. When a trademark is registered in one country, the ® symbol can be used to indicate that it is also protected in other countries.
In India, the legal framework for trademarks is governed by the Trade Marks Act, 1999. The Act defines registered and unregistered trademarks as follows:
Registered Trademarks: A registered trademark in India is a trademark that has been registered with the Office of the Controller General of Patents, Designs and Trademarks, which is responsible for the administration of trademarks in India. Once a trademark is registered, the owner has the exclusive right to use the mark in connection with the goods or services it covers. Registered trademarks provide the owner with a stronger level of legal protection and are easier to enforce.
Unregistered Trademarks: An unregistered trademark in India is a trademark that has not been registered with the Office of the Controller General of Patents, Designs and Trademarks. Unregistered trademarks are protected under common law, which means that the owner has limited rights to the mark, and enforcement can be more difficult. Unregistered trademarks can be identified by the use of the ™ symbol. They may come under Trademarks Objection or Trademark Opposition during the course of its registration.
Bonus Points: The legal definitions of registered and unregistered trademarks in India are similar to those in other countries. Registered trademarks provide stronger legal protection and exclusive rights to the owner, while unregistered trademarks have limited rights and protection under common law. It is important to consider registering your trademark in India to ensure stronger protection and avoid potential legal issues in the future.
The key differences between TM (™) and R (®) are as follows:
Meaning: TM stands for "trademark", and it indicates that a person or a business claims the right to use a particular word, phrase, or logo as their trademark. R, on the other hand, stands for "registered trademark", and it indicates that the trademark has been registered with the appropriate trademark office, such as the Indian Trademark Office.
Legal Protection: The use of TM does not necessarily mean that the trademark is legally protected. It only indicates that the person or business claims ownership of the trademark. In contrast, the use of R means that the trademark is legally protected, and the owner has exclusive rights to use it for the goods and services it covers.
Use: TM can be used at any time, even before the trademark registration process is complete. It is often used during the branding and marketing of a product or service to indicate that a particular word, phrase, or logo is being used as a trademark. R, on the other hand, can only be used once the trademark is registered with the appropriate trademark office.
Symbol: TM is indicated by the superscript "™”, which is placed next to the trademarked word, phrase, or logo. R is indicated by the symbol "®", which is placed next to the trademarked word, phrase, or logo.
The most common mistake people make is using the ® symbol before their trademark is actually registered with the Trademark Registry. This can lead to legal issues if someone else files a similar or identical trademark before you, as you would not have a registered trademark to enforce your rights.
Another common mistake is using the ® symbol for unregistered trademarks. The ® symbol is reserved only for registered trademarks and using it for an unregistered trademark can lead to legal issues as it may be seen as misleading or deceptive.
Finally, people may misuse the ™ symbol by using it in a generic or descriptive sense rather than as a symbol to indicate trademark ownership. For example, using the ™ symbol for common words or phrases, or using it in a way that suggests that the trademark is registered, can be misleading and potentially damaging to the brand's legal protection.
To avoid these mistakes, it is important to understand the proper use of the ™ and ® symbols and to consult with a legal professional if you have any questions or concerns about your trademark registration and its use for Brand Building.
In conclusion, the ™ and ® symbols are important in trademark registration. The TM symbol can be used to indicate that a trademark is being used, but it does not provide the same level of legal protection as a registered trademark. The ® symbol, on the other hand, indicates that a trademark has been registered and is legally protected. Therefore, it is important to know the differences between these symbols and use them appropriately to ensure the proper protection of your trademark. Wish to know more, click here as to how you can register your trademark. If you need more information or help, feel free to reach out at info@ccoffice.in or connect at 9988424211 and TM Attorneys at Compliance Calendar will be there to help you out in your IP Protection.