TM and R both the symbols are used as the part of the intellectual property rights due to which many people wrongly believe that these symbols can be used in place of each other. Today with the help of this blog we will understand the distinction between the “TM” and the R symbol. Moreover, we will take a look at their usage.
The trademark symbols can definitely help your brand in becoming popular and make your business successful. But the decision regarding the symbol to be used can often be confusing. Mainly there are three kinds of trademark symbols that are Trademark mark TM, Service mark SM or Registered R.
The trademark symbol TM is used in respect of good, Service mark SM in respect of Services and the registered mark® for the trademarks that are registered.
In the coming section of this blog, we will take a look at the point of differences between TM and R trademark symbols.
Trademark (TM) or Service Mark (SM) Symbol:
Simply stated TM is just a symbol that can be placed on a new phrase, logo, word, or design of a product by the company to indicate that it plans to register the same with the trademark registry. This symbol has no legal significance thus there is no requirement to put it beside your brand name or logo.
However, it is important to place this symbol as it acts as the warning for the infringers and counter fitters. It indicates that a trademark application with respect to the trademark already exists with the trademark department thus any third party must think twice before using it.
This symbol is used until the applied trademark is not registered under the trademark Act 1999.
One thing to be noted here is that when the trademark is being used in respect of services that the Service mark (SM) must be used instead of the trademark(TM).
Registered ®(R) Symbol:
If you have obtained the trademark registration now it is the time to show it off to the world by putting ® Symbol on your brand name or logo. According to the rules stipulated in trademark act 1999, once the trademark is registered the owner is empowered to use the ® symbol next to the trademark.
This R symbol is the indicator of the fact that the trademark is registered and enjoys protection from infringement under the Trademark laws. However, the applicant of the trademark is not empowered to use the ® symbol without obtaining the registration and just by making an application.
It is will be considered as unlawful in case he do so. It is not legally mandatory to put the “R” on you goods and services. However, if you are not a well-known brand it is important for you to use this symbol.
This is because in case on a dispute without the symbol you will lose your right to recover lost profits and money damages unless you can prove that the infringer had actual knowledge of your trademark being registered prior to his activity.