A trademark is an intellectual property symbol that helps users identify your brand or business. Business owners often use trademarks to differentiate their goods and services in the marketplace. There are various categories of trademarks: words, sounds, logos, slogans, designs, emblems, shapes, letters, etc. You often see the symbols ™ and ® next to brand names. Understanding the difference between the TM (™) and R (®) symbols is crucial for choosing the right one to market your brand identity. In India, once a trademark is registered, there are no limitations on where you can place the ® symbol.
What Does the TM (™) Symbol Mean?
The TM (™) sign denotes an unregistered trademark. It is often used to advertise or brand products when trademark registration has been applied for but not yet granted. Companies may use the ™ superscript after text, pictures, or other content they claim as their own, even if it is not formally registered with a regulatory authority. Occasionally, businesses will use ™ to indicate the first usage of the mark or to show that they have applied for registration. From a business perspective, it suggests that an individual selling a particular product or service believes that its identity is unique.
What Does the R (®) Symbol Mean?
The R (®) symbol on a product indicates that it is a registered trademark. This means that the logo enjoys legal protection as per the Trademarks Act, 1999. Trademark registrations are valid for ten years and can be extended by following the renewal process. If a person or business uses the registered name, logo, or symbol without the owner’s prior consent, they may be prosecuted for trademark infringement.
Key Differences Between TM (™) and R (®) Symbols
Usage
The ® symbol can be used after successful registration of the trademark of the business.
The ™ symbol can be used when the specific product or service has a trademark pending registration. The ® symbol cannot be used until the mark is approved.
Legalities Involved
The ™ trademark symbol has no legal advantage or backing.
The ® mark is legally protected, and its unauthorized use is punishable.
Branding Purpose
The ™ symbol is usually preferred for the brand identity of a specific company, association, or individual while waiting for the registration process to conclude.
Using the ® symbol to market your product or service provides confidence in your IP's legal protection, helping build solid brand equity.
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