When can I use TM and R symbols for my Trademark?

Trademark registration is generally for names, logos, brands, and symbols, which identifies your products or services. It protects your brand name from being copied. Intellectual property rights offer its own set of symbols, which denotes the type of protection it is offering for different brands. You often see symbols like TM, R at the edge of the brands and logos. The symbols represent the Brand name protected under the Indian Trademark Act in a specific form. Let us see the common types of Symbols in IPR (Intellectual property rights) and what they denote.

 

 4 Types Of symbols under Intellectual Property Rights:

  • Trademark symbol, .

A Trademark is a unique mark which separately identifies a business which is trading in goods and services to other organization who may be or may not be in the same industry or same category. To obtain a trademark, the company has to file a trademark application at the Registry of Trademark in India, and only then does the company have the right to use the TM symbol. Registering a trademark gives the exclusive right to a person or company by providing legal evidence of ownership for that particular Trademark.

The TM symbols indicate a Trademark is filed for registration to be used by the organization and denotes the exclusive rights to use a brand name and business process. The TM mark also impliedly serves as a warning for Duplicators, copycats, and counter-fitters that may be sued.

  • Service Mark Symbol, SM.

This symbol “SM” used to signify the Trademark applied for services of such business. SM or Service Mark is a symbol used with the trademark applications filed under the class 35-45.

  • Registered symbol, ®.

The R symbol indicates that the Trademark is Registered, and the Owners or the creators of the brand will enjoy Legal protection from infringement and the violation of the Trademark laws In India. It prevents the unauthorized use or copying of the service and product that is exclusively being offered by the business owners. A Registered trademark will come with the legal binding. Using the R symbol with the Trademarked Name is legally allowed only after the Trademark Name is registered, Usage of the R symbol after merely filing the trademark application or without getting that particular Trademark registered by the registry is considered to be unlawful In India.

  • Copyright Symbol, ©.

The Copyright symbol is being used to represent that the owner of creative work has copyrighted his original work like artwork, photography, videography, books, literary works, software, etc. and the work is protected by law. The C symbol can be used by the copyright holder name with the year of first publication and the name of the country in which the work is copyrighted. © symbol provides the author of the work with legal protection and establishes his ownership over that particular creative work. If a person has modified or copied the specific original work, then he can be sued in a court for violating the copyrights by the original owners of such work, citing the registration of his work. In a few countries, the proper use of the © symbol is essential to exhibit copyright protection. The Berne Convention recommends the use of the symbol © to claim the copyright protection of creative work, and India is one of the members of the Berne Convention. If you want to get the protection for your original work in India, then ensure you use the © symbol so that the public may know the work protected with copyright.

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