Trademark is a symbol, name or mark which distinguishes a product of one brand from another. Also it can describe the characteristics of a person or thing in a metaphorical way. A trademark has different categories such as logo, sound, design, letter, word, shape, or a combination of word or letter, etc.
Usually, the trademark indicated through the word ™ and ® to show that the product is trademark registered. These symbols are used at the different stages of trademark registration. Trademark owners should know the significance of these symbols and the use of them.
The TM full form is trademark and business gets the TM logo when the owner files a trademark registration application. The owner has to submit the application for TM sign to the Registrar of trademarks. After getting the registered trademark symbol, now no one can copy, or duplicate your trademark, it's safe from infringers.
Registered mark shows that the first usage of a product will be done by the registered business. Owners of the TM symbol can only use the trademark after the registration. There are 45 categories in total of goods and services. From 35-45 indicates the services and from 1-34 it shows the goods.
Below is a step-by-step process to get registered trademark symbol in India:
After registering under the Trademark Act 1999, the trademark owner starts using the R symbol logo to show that the trademark is registered and safe from any infringement. If someone else uses a trademark R without the permission of the owner, then the person is liable for registered mark infringement. The unauthorized use of the trademark gets prevented.
Using a registered logo before obtaining the trademark registration is unlawful, so it is advisable to use it once the R symbol gets registered. The registration shows the claim and identity of the mark under the law.
The intellectual property is a work which originates first in a person’s mind before becoming a material object. Protection of the work will encourage creativity and promote progressiveness in the field of science, technology, arts, and literature.
The © symbol means that work is prevented under the copyright act. Example- photography, artwork, videography, literary work, books, cinematography, etc. The company symbol is registered under the Copyright Act of 1957. It includes the name of the copyright holder and the year of publication. So, if you want to make your work copyright free, file an application for copyright registration.
India is a member of Berne Convention for the Protection of Literary and Artistic Works. So, the Berne Convention is based on three bases, and the first is “automatic protection”. This means if you are creating a work by the very nature of it, then you have a choice to register for the copyright or not.
In this case, the Bombay high court held that the registration of copyright under the Act is not compulsory and depends on the owner if want to register or not. Further the court mentioned the Convention and TRIPS Agreement to support the decision.
As per the Section 45(1) of the Act clearly mentions a word ‘may’ this means author is at discretionary liberty to apply for the registration or not. Section 51 provides that infringement does not restrict the registered work. When the work came into existence the protection should be 'automatic'.
There is no disadvantage of not registering a work. When an original work gets complete, it instantly gets copyright protected. But after registration it becomes easier to protect your work. In case of infringement of non-registered copyright work, the owner can seek remedies.
After the registration, you can use the trademark in any way there are no certain guidelines on font, size, color, etc. But there are some guidelines which are used by brands.
But before moving forward, understanding superscript and subscript is important. The subscript is a character which shows below your trademark for instance, trademark symbol. A superscript is placed above your trademark. The mark will be smaller than your trademark.
The correct frequency of using a trademark symbol is important, the overuse of trademark will overshadow your marketing strategy. There is no rule regarding the use of a trademark. It depends on you whether you want to show it or not with your mark. Best place to use a trademark logo is first in your marketing campaigns, website homepage or packaging.
With your primary mark use a trademark on printed materials such as flyers, brochures. For extended material it is better to use a trademark at least on every page. The brands use their trademark on social media such as once in their bio, username, and not on every post, blog. It is done to avoid clutter from the social media platform, this shows a clean presentation of the brand.
Use the trademark on the website on every web page where your mark is designating. The technique is wherever you use your mark, designate your logo there for instance on a header or footer.
When you collaborate with a third party and allow them to use your trademark. Then ensure you communicate your marketing and sales strategy with them, so that they can use the trademark accordingly. It will show the clear image of your brand.
Provide guidelines to use the trademark such as mark, font, color, size and style. After using the trademark you must ensure that their product, service quality, and customer care is similar to yours. If they misuse the mark then it can be possible that you lose your trademark rights.
To conclude, the trademarks are special unique signs that are used to show the rights of a certain company to their work. Anything can be registered as a trademark. For you, registering your trademark with the authority is important to differentiate your work from the competitor. Registrationwala assists businesses on the requirements of registering a trademark. Reach out to know the complete trademark registration process.