Difference between TM (™) and R (®) symbol

Difference between TM (™) and R (®) symbol

We often come across two symbols associated with Trademarks - ‘TM’ and ‘R’. Each symbolizes a different type of trademark. The ‘R’ symbol stands for a Registered Trademark, while ‘TM’ represents an Unregistered Trademark. The trademark itself can be a signature, symbol, logo, design, etc., followed by the symbol in superscript.

A trademark is a form of intellectual property that provides the owner with exclusive rights to use and authorize others to use the trademark with the owner's permission, in exchange for adequate consideration. It serves as a means to identify the origin of a product.


Registered Trademark

A trademark that is officially registered under the Trademarks Act, of 1999 is known as a registered trademark. The registration of a trademark provides the owner with exclusive rights, including the sole use of the mark in relation to their products or services. The registration period for a trademark is ten years, after which it can be renewed. The entire registration process for trademarks is governed by the Trademarks Act of 1999.

Why Register?

  • It identifies the origin of goods and services
  • Advertises goods and services
  • Guards the commercial goodwill of a trader
  • Protects buyers from buying the second-rate quality goods

Registering a trademark grants the mark a monopoly right within a specific territory, preventing unauthorized use of the trademark in relation to goods and services. The test for infringement is whether a consumer would be confused about the origin of the goods or services. Legal action can be taken against trademark infringement, and registration reduces the burden of proof for the plaintiff.

Any person or entity claiming to be the owner of a trademark used or to be used in the future may apply for registration to the Registrar, of the area of authority under whom the applicant’s place of business falls, in the manner prescribed for trademark registration. In India, registering a trademark takes about 2 to 3 years (when there is no opposition from a third party).

Read more to know about the Difference between TM (™) & R (®) symbols.

Comments

Post a Comment

Popular posts from this blog

What Trademarks cannot be registered in India ?

Image
What Trademarks cannot be registered in India? Trademark registration paves the way for products and services to be uniquely identified. It differentiates between products and services. Trademark registration is a crucial step in establishing a unique identity for products and services. It serves as a differentiator in the marketplace and provides the trademark owner with exclusive rights to their trademark while safeguarding against infringement. This protection is essential for building goodwill, customer loyalty, and valuable assets. To ensure effective brand naming, it's important to have a clear understanding of what can and cannot be trademarked. In this article, we'll explore the limitations of trademark registration in India and provide guidance on choosing a brand name. Absolute Grounds for Refusal of Registration Void of distinguishing characteristics In Indian trademark law, the requirement of distinctiveness is strictly interpreted. A trademark that lacks
Read more

Stamp Duty On LLP Agreement

Image
  Stamp Duty on LLP Agreement What Is an LLP Agreement? The LLP agreement must encompass detail regarding rules and regulations for its partners. Every LLP agreement ought to be stamped to ensure authenticity. The applicant needs to take the printout of the agreement on the non-judicial stamp. Stamp duty varies from state to state and also depends on the contribution of Capital. The LLP agreement serves as a legal document that covers all aspects of the partnership, from its incorporation to its dissolution. It includes details on the roles of partners, their mutual rights, profit sharing, and contributions. The LLP agreement also outlines the partnership's rules and regulations in greater detail. For instance, it may provide information on how new partners can be appointed and how their tenure will end. How is the LLP Agreement prepared? To prepare an LLP agreement, all partners of the Limited Liability Partnership must discuss, agree upon, and sign the clauses outlined i
Read more

Private Placement of Securities under section 42 of the Companies Act 2013

Image
  Private Placement of Securities under section 42 of the Companies Act 2013 Introduction Companies have various methods of raising share capital, one of which is private placement. It is a technique that involves offering shares or other securities to a designated group of individuals, as determined by the company's board. Unlike a public offering through the issuance of a prospectus, private placement does not involve soliciting the general public. According to a publication by the Reserve Bank of India (RBI), private placement typically involves offering securities to fewer than 50 persons and is exempt from the requirement of filing an offer document with the Securities and Exchange Board of India (SEBI) for review. Definition as per the Companies Act, 2013 Section 42 of the Companies Act talks about the offer or invitation for subscription of securities on private placement. Section 42(3) defines Private Placement as, “Private Placement” means any offer or invitation to
Read more