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December 22, 2022
All about the differences between Trademark Registration and Registered
Table of Content
Introduction
The Trade Marks Act, 1999 is responsible for managing trademarks in India. It is used to denote the existence of a brand or a logo that may be utilized to differentiate one’s product and services from those offered by others in the market. Trademark registration provides protection against others using the same brand. A registered trademark is a valuable concept used to safeguard a business’s investment in its name or logo. There are significant differences between the ‘TM’ and ‘R’ symbols which are discussed in this article.
What is a Trademark(TM)?
The term Trademark is the legal term for “Intellectual Property”. The Dictionary meaning states it as a symbol, word, or words legally registered or established by use as representing a company or product. One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A Trademark identifies the brand owner of a particular product or service. Any business or person is permitted to use (TM) mark to indicate that a specific word, expression, or symbol is to be used to identify the provider of such products or services. Before and during the registration process, the new products and services are marked with the TM sign.
What is a Registered Trademark (R)?
A trademark that has been registered is indicated by the letter R. As a result it is protected from all sorts of misuse. Its management is governed by the Trade Marks Act. Trademark registration grants exclusive rights to the products and services listed in the Trademark Class.
What are the differences between ‘TM’ and ‘R’?
The differences between ‘TM’ and ‘R’ are as follows-:
|
Sr No. |
Trademark (TM) |
Registered (R) |
|
1. |
It is applicable everywhere. |
Only the countries where you have successfully registered your trademarks may utilize them. |
|
2. |
It doesn’t offer any legal protection or rights. |
Registered trademarks offer total security and protection. |
|
3. |
Utilizing TM symbols prior to trademark registration is not prohibited. |
Use of the ® symbol prior to trademark registration is prohibited. |
|
4. |
You must apply for trademark registration to protect your brand. |
You won’t need to submit a new application for any additional registration To protect your brand. |
|
5. |
It doesn’t provide any unique advantages. |
It increases the credibility of your company and provides various other advantages. |
Conclusion
A trademark symbol(TM) is used when a trademark application is registered with the trademark registration, which was established in 1940. It merely means that one asserts ownership of the brand. It is a mark that indicates one intends to utilize a trademark, to put it simply. However, in India, the R symbol can only be used by the owner of a registered trademark. The trademark’s registration status is shown by the R symbol. As a result, it is protected from all sorts of violation. It is managed according to the Trade Marks Act.
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