A strong brand identity is needed for survival in the competitive marketplace for business. Trademarks help protect your product – and also prevent other people from making use of it without your consent. Yet, the correct use of the trademark symbol (®) along with the unregistered trademark symbol (TM) can often be misunderstood and could cause legitimate issues. This blog will discuss the registration of trademarks in India and the use of the trademark symbol.
Understanding Trademarks & Their Registration Process
A trademark is an indication or symbol that indicates the cause of the services or goods so customers can differentiate them from those offered by other people. In India, Trademarks might be registered from the Trade Marks Act, of 1999, at the Office of the Controller General of Patents, Designs & Trademarks.
The registration procedure generally involves submitting a request to the Trade Marks Registry then having the mark examined to help make it legal to register. In case absolutely no objections are produced, the mark is advertised to the Trademarks Journal and third parties may oppose the registration for as much as a certain period. A successful trademark registration grants the trademark proprietor the exclusive use of the mark in connection with all the services or products or products specified in the registration.
The Meaning and Use of the trademark symbol
A registered trademark symbol (®) signifies the trademark has been registered by the trademark office. The use of the trademark symbol is subject to laws in India.
Under Section 77 of the Trade Marks Act, 1999, the use of the trademark symbol could only be with a recognised trademark. Using this symbol with no registration is a punishable offence under the Act.
The placement of the symbol is important. It should be positioned right next to the registered trademark, before or after the mark and with no interchanging spaces or even punctuation marks. For instance, ACME® or ACME could be appropriate.
Remember that use of the trademark symbol is solely on the services or goods that the trademark is used. Use of the trademark symbol for unregistered goods and services can produce legal problems and penalties.
The Utility of the Symbol (™)
The unregistered trademark symbol (TM) signifies that a certain brand name is being marketed as a trademark but hasn’t been registered. The use of the trademark symbol is that it deters infringers and proves your ownership of the mark.
Unlike the R symbol, no particular laws in India regulate the usage of the TM symbol. Still, it’s typical to use the TM symbol to show you are planning to register the mark and claim ownership of it.
Understand that the TM symbol doesn’t convey legal protection or exclusive rights to the mark. It merely notifies others that you claim the mark as your trademark. Eventually, the trademark needs to be registered with the proper authorities for legal protection and exclusivity.
Appropriate Usage of R and TM Symbols
Follow these guidelines when using the ® and TM symbols to comply with legal requirements and avoid possible infringement issues.
- Use TM until your trademark is registered with the Trade Marks Registry in India.
- Place the ® symbol right away next to the registered trademark without spaces or punctuation marks.
- Use the TM symbol for unregistered marks for which you are planning to file a trademark claim.
- Use the ® symbol only on the items or services referred to by the registration.
- Use the appropriate symbol (® or TM) consistently across all branding components (packaging, advertising, websites along with other marketing collateral).
- Replace the TM symbol with the ® symbol in your branding materials the moment you get trademark registration.
- Don’t make use of the ® symbol for unregistered products or services – this may result in legitimate difficulties and or fines.
Use of Proper Trademark Symbol Benefits
Proper use of the trademark symbol correctly can benefit your business as:
Legal Protection
Proper use of the ® symbol gives you exclusive rights over the trademark and will boost your legal position in case of disputes or infringement.
Public notice
The ® and TM symbols are a public notice that you own the mark and discourage infringers by creating your brand identity.
Brand Recognition
Constant use of these symbols will develop brand name awareness & reinforce your brand’s worth and credibility with customers.
Enforcement
In case you need to sue infringers, use of the trademark symbol i.e. the ® or TM symbol can show you care about protecting your trademarks.
Final Thoughts
Trademarks are assets which defend your brand name and distinguish your services or products on the market. Proper usage of the trademark symbol is essential to meet legal requirements and also to inform your trademark registration status.
Observing the guidelines in this article will enable you to stay away from legal headaches, be transparent with your customers and enforce your exclusive rights to your registered trademarks. The R symbol is for use only after successful registration and the TM symbol is for use with unregistered marks to assert your claim over them.
FAQs
- What makes the ® and TM symbols different?
The ® symbol demonstrates a trademark is registered with the appropriate authorities and the TM symbol symbolises ownership of an unregistered trademark.
- When can I begin using the ® symbol for my trademark?
Only after your trademark is registered with the Indian Trade Marks Registry can you begin using the ® symbol. Utilising it before registration is illegal and carries possible penalties.
- Do I need the ® or TM symbols?
Even though not legally required, using these symbols is suggested since it provides notice to others that you have the mark and also could prevent infringers.
- How should the ® or TM symbols be placed?
The symbols have to be positioned directly adjacent to the trademark without spaces or punctuation marks.
- Can I make use of the ® symbol for services or goods not included in my trademark registration?
No, you use the ® symbol solely on the services or goods that your trademark is registered with. Using it for unregistered services or goods could be legally harmful.
