Encountering symbols such as trademark and registered trademark is common, yet many find it challenging to grasp their crucial distinctions. It’s essential to discern the significant disparity between trademark and registered trademark symbol. Frequently asked questions center around how to use a mark and the necessity of filing a trademark registration.
The ™ symbol represents an unregistered trademark—an informal assertion of rights valuable for common-law establishment and notice of intent to protect the mark. The Registered Trademark symbol ® indicates the completion of the official registration process, granting exclusive rights and offering heightened legal protection.
The choice between ™ and ® depends on the trademark’s status, with ™ as a temporary placeholder until formal registration is completed. Understanding this distinction is vital for businesses and individuals safeguarding intellectual property, involving informed decisions in trademark law nuances and using symbols appropriately to convey a mark’s legal standing, but trademark and registered trademark are different.
Know more about the different trademark symbols.
On this page
What are trademark and registered trademark?
Using the ™ symbol indicates that a term or symbol is being claimed as a trademark, but it doesn’t require official registration. It serves as a notice that someone is asserting ownership, though it doesn’t provide legal protection until the registration is approved.
On the other hand, the ® symbol is used for a registered trademark, meaning it has gone through the official registration process. This offers legal protection against misuse and exclusive rights to the specified products or services in the trademark class.
What is Trademark?
A trademark, as outlined in the Trademarks Act of 1999 in India, plays a pivotal role in indicating the presence of a brand or visual identity. Its primary function is to distinguish the goods and services of a specific entity from those offered by competitors.
Within this legal framework, the registration of trademarks becomes a crucial mechanism for safeguarding a brand. This registration not only denotes ownership but also acts as a protective barrier against others using the same brand.
What is a Registered Trademark?
A Registered Trademark is a symbol or sign that has undergone the formal registration process with the relevant intellectual property office, as dictated by the applicable trademark laws. In the case of India, the registration procedure is governed by the Trademarks Act of 1999.
The registration of a trademark indicates that the mark has satisfied the legal criteria for distinctiveness and has been officially acknowledged and accepted by the trademark authorities. This registration involves a thorough examination to ensure that the proposed trademark doesn’t conflict with existing trademarks and meets the required standards.
Lets have a look into various advantages of trademark registration.
Upon successful registration, the trademark owner is conferred exclusive rights to use the mark in connection with specific goods or services for which it has been registered. This exclusivity provides legal protection, guarding against unauthorized use or infringement by others.
Differences between trademark and registered trademark?
| Trademark ™ | Registered Trademark ® |
|---|---|
| Using ™ symbol before having trademark registration is not illegal. | Using the ® symbol before you register for a trademark is considered illegal. |
| A trademark registration application is needed to secure your brand. | Here there will be no need to apply again for any other registration to secure your brand. |
| Trademark is permitted to use anywhere | It can only be used in the country where you have successfully obtained trademark registration. |
| No special benefits are offered. | It helps in boosting the credibility of your business and provides many other benefits. |
| No legal rights or protections are provided trademark | Complete protection and security are obtained by the Registered Trademark. |
JOIN 24EFILING TELEGRAM CHANNELConclusion
In concluison, understanding the difference between the trademark and registered trademark symbols is crucial for those safeguarding intellectual property. The choice of symbols depends on the trademark’s status, with ™ representing an unregistered mark, and ® indicating the completion of the official registration process.
The ™ symbol functions as an informal claim of rights during registration, signaling an intent to protect the mark. Conversely, the Registered Trademark symbol ® affirms successful registration, providing exclusive rights and heightened legal protection to prevent potential infringement.
FAQs
1. What is the significance of the ™ symbol?
The ™ symbol signifies an unregistered trademark, acting as an informal assertion of rights that communicates the intent to safeguard the mark throughout the registration process.
2. What is the meaning of the ® symbol?
The ® symbol signifies a Registered Trademark, affirming the successful completion of the official registration process. It provides exclusive rights and enhances legal protection for the trademark.
3. When deciding between ™ and ® symbols?
The choice between ™ and ® symbols should be guided by factors such as legality, registration requirements, geographical limitations, and benefits. These considerations contribute to the effective protection of intellectual property.
4. What are the difference between trademark and registered trademark?
The main difference between trademark and registered trademark is the symbol.
If you own a trademark and have applied for its official registration, you can use the ‘TM’ symbol while the application is in progress.
Once it’s officially registered, you can use the ‘R’ symbol. If your trademark is not registered, you can still use ‘TM,’ but not ‘R.’
