Trademark Symbol

The Unavoidable Benefits & Usages of Trademark Symbols

Online Legal India LogoBy Online Legal India Published On 07 Feb 2023 Category Trademark

A trademark is a logo, name, or symbol that helps consumers recognise a brand's or business's goods and services. In addition, trademarks identify the origin of services or commodities. There are several types of trademarks, including a logo, sound, word, form, design, letters, a combination of words and letters, and so on.

Trademark holders typically include the symbols TM and R with their trademarks. In addition, these symbols are applied to the trademarks at various phases of trademark registration. As a result, trademark owners must understand the importance of these symbols and when to employ them.

Trademark Symbol [™]

When a trademark owner submits a trademark registration application with the Registrar of Trademarks, the TM sign is utilised. The Trademark symbol [™] denotes the existence of a trademark registration application for the trademark and acts as a deterrent to infringers, copycats, duplicators, and counter-fitters.

Trademark owners employ the Trademark symbol after claiming ownership of a text, logo, design, or image that has not been formally registered with a regulatory authority. Businesses typically use the TM sign to indicate that it is their first use or that they have sought registration. Only after filing a trademark application with the Registrar of Trademarks may a trademark owner use the TM sign.

Trademarks are divided into 45 groups based on the products or services they apply. Classes 35-45 denote services, whereas classes 1-34 denote products. Some trademark owners use the TM symbol when filing a trademark application in the 1-34 class, while others use the SM symbol when filing a trademark application in the 35-45 class. It is permissible to use the TM sign for all classes or an SM mark for a trademark application submitted under classes 35-45.

R  [?] Symbol

After registering a trademark, the owner may use the R sign next to the trademark. The R symbol suggests that the trademark has been registered & is protected from infringement under the Trademark Act of 1999.  

When someone other than the registered owner handles a trademark with the R sign without the owner's prior agreement, he or she may be punished for trademark infringement. A registered trademark helps to prevent the unauthorised use of a company's services and products.

Using the R sign after filing a trademark application but before securing trademark registration, on the other hand, is illegal. Using the R sign next to a trademark is only permitted once the trademark has been registered. It is not required to include the R symbol next to a trademark. It does, however, reflect the trademark owner's claim to the mark and its identity as being legally registered.

C  [?] Symbol

The c sign denotes copyrighted work, such as photography, artwork, videography, literary works, novels, cinematographic works, and so on. It is used in conjunction with the name of the copyright holder & also the year of the first publication. In certain countries, the use of the c sign is required to claim copyright protection. However, according to the Berne Convention, employing the c sign is not required to claim copyright protection. Because India is a signatory of the Berne Convention, copyright holders in India do not need to utilise the c symbol to obtain protection for their copyrighted works.

Trademark v/s Logo

People frequently mistake a logo for a trademark. A trademark, on the other side, is not the same as a logo. Instead, a trademark is used to protect a logo. A logo is a symbol or design that a corporation or business uses to identify its products or services. A trademark can be a name, letters, a combination of words and digits, designs, sounds, or any combination of these.

A corporation can also register a trademark for words or letters with or without a logo. Trademark registration is essential to protect the logo from being copied for use by infringers. However, using a logo without registering it as a trademark does not provide legal protection against unauthorised use by third parties. In other words, trademark registration grants the exclusive right to use logos.

A logo is the most commonly used trademark by businesses. They utilise their logos in various advertising, marketing, and selling items. As a result, anybody can use an identical logo for their products if the logo does not have trademark protection. Obtaining trademark registration for a logo in India will protect the company's brand by preventing others from using it without permission. However, if someone uses the mark without authorisation, the company can pursue a legal complaint to defend itself. 

Importance of Trademarking

The importance of trademarking is-

If you want your company, brand, product, or service to stand out from the crowd, you must register a trademark. Registering your trademark assures that no one impersonates your goods or service in the market, reducing the need to rebrand. Furthermore, you must register a trademark in India if you want to protect your intellectual property and guarantee your rights.

Benefits of Trademark Symbol Registration

The benefits of trademark symbol registration are listed below-

Exclusive Rights

The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.

Increases Trust and Loyalty

Trademarks signify a product's or service's reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.

Product Differentiation

Customers can quickly locate your items if you register your trademark. It separates your goods or service from the competition while acting as an efficient advertising tool. Furthermore, your trademark or logo communicates your organization's vision, quality, and uniqueness.

Gives a sense of identity to a product's quality

Trademark registration provides physical confirmation of the value and quality of your product or service. Customers identify the quality of a service or product with the trademark. Furthermore, this awareness benefits recruiting new clients who mistake the quality of a product or service for its logo.

Creating Assets

The registration of a trademark grants a corporation intellectual property. A registered trademark is a legal right that may be purchased, assigned, franchised, or economically contracted. Furthermore, a trademark functions as an intangible asset on a company's financial sheet, providing all of the benefits associated with such assets.

Use of the ® Symbol Is Legal

When registering a trademark, you may use the ® trademark symbol in your logo to show that it is a registered trademark and that no one else may use a similar brand. If another individual uses your trademark without your permission, you can sue in court for obvious infringement of your exclusive usage rights.

Protect Against Infringement

If someone uses a trademark symbol without the owner's permission or in a deceptive manner, the owner can get an injunction to prevent the individual from using the brand without permission. In addition, your trademarked logo may not be used by anyone else, including rivals.

Ten Years of Low-Cost Protection

Trademark registration is affordable and helps your organisation to keep a distinct identity. In addition, online trademark registration is simple and affordable to keep up with. Similarly, when registering a trademark, you must pay the protection charge and the renewal price, which is due every 10 years.

Global Trademark Registration

If you wish to grow outside of India or just want to get a registered trademark symbol in another country, fret not because a trademark that has previously been filed in India may be a solid basis to acquire worldwide recognition. This is because a trademark previously registered in India can be used as the foundation for registration in another nation on account of all the goodwill gained.

Attract Human Resources

Popular brands are recognised for drawing young talent. Furthermore, young brains aspire to work for major firms since it promises better privileges and more security in salary. Registered Trademark symbol brings forward a favourable impression of an organisation. Moreover, this decreases the expenditure on recruiting and other connected exercises.


Conclusion
There is some leeway in how and where trademark symbols such as TM, SM, or ® can be used. However, it is typically positioned in the upper right-hand corner, the lower right-hand corner, or on the same level as the mark or logo itself—all of which are appropriate ways of displaying the applicable sign.

 

In general, trademark symbols such as TM, SM, or ® must appear only with the first or notable mention of a mark in documents such as any press releases, publications, and corporate reports.


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