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.

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