The difference between TM and R

Many companies use the TM symbol for new goods or services during the trademark application is under process. The R symbol indicates registered trademarks, and it can be used exclusively by the owner or licensee. There are several differences in legislation and practice between TM and R.

What do TM and R symbols mean?

A TM (™) sign indicates an unregistered trademark. This is a symbol one can see being used in the advertisement or printed on brand products when the trademark is filed for registration. Companies may use trademark superscript (™), after any unique content such as pictures, text, pictures, or other creative but is yet to be formally registered with the trademark authority. Significantly, businesses use ™ to symbolize that they have applied for registration. From a commercial point of view, it signifies that a particular product or service offered to the buyers believes that its identity is unique.

The R (®) symbol on a product symbolizes a registered trademark. The logo possesses legal security as per the Trademarks Act, 1999. Trademark registrations offer protection for ten years with an opportunity for expansion by following the process for renewal. If a person or business employs a registered logo, name, or symbol without prior consent from the owner, they may be sued for a trademark violation.

What are the differences between TM and R?

Along with the definition, there is enough difference between TM and R, which are listed as follows:

  • Usage: The TM symbol recognized as the trademark is under the process of registration, but the filing procedure has been accomplished. On the other hand, one can use the R symbol after the trademark registration for the business. 

  • Legalities Involved: The TM symbol has no legal authority or support. At the same time, the R mark is legally preserved and attracts penalties if someone infringes it.

  • Branding Purpose: The TM symbol is usually preferred for brand identification, while the formal process is yet to conclude. After using the R symbol, all trademark rights and protection is granted to the owner.

What are the issues faced while using TM and R?

The first move in the trademark registration method is to have a unique trademark for the selling product or service. Selection of the unique trademark is a time-consuming procedure. However, for petitioning for the trademark registration, if the selected trademark is identical to others, the application may get rejected, resulting in changing the brand name later. Hence, must conduct a trademark search properly to avoid any issues. 

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