Use of ™ and ® Sign With Trademark

The Symbol ™ or ® is used to represent the right of the owner of the brand name that is filed for registration or is registered. However, there is a fundamental difference between a ™ and ® symbol. The symbols represent trademarks that are registered and trademarks that are pending with IP India.

Not all government issued intellectual property rights are equal some protect the copyrights/registration">creative works(Copyright) while other protect invention (Patent) and brand names (Trademarks) hence it is essential that you understand these complex intellectual properties extensively by a professional before obtaining it for yourself.

What are Trademarks?

Trademark is a proprietary right over the brand name that you use for representing your company or product in the market. A trademark is capable of distinguishing your product from all the others present in the marketplace.

Trademark protection can be obtained for logo, word, devices, numbers or combinations. They are known to help you identify the source of product or service.

Trademark Protection

Trademark protection in India is granted based on first come first serve basis unless the brand has been operating under the brand name for an extended period of time and is well known among the consumers in that geographical area.

Applicants for trademark are advised to use the TM or ® symbol with their brand name that is not yet registered and the ones that have obtained registration as the process of trademark registration is a long drawn process.

Based on the above distinction, we can certify that applicants can use both the symbols along with their brands based on the status of their trademark application.

Applied Trademark Symbol

You, as an applicant, can use the symbol TM along with the device mark or your word mark if it has not yet been registered. The use of TM symbol with the mark acts a warning against the infringer; representing that the application is successfully filed with the IP India website and hence no other person can use the same mark in the marketplace.

Registered Trademark Symbol

Once the mark is successfully registered with the Indian Trademark Office (ITO), the proprietor of the mark attains monopoly rights over the use of the mark with his products based on the class he has registered. Once he receives the certificate of registration, the applicant can use the symbol R along with is the mark.

Use of Symbol R and TM

In India and as per Paris Convention article 5, the use of the symbol is not necessary. The authorities although recommend the use of the symbol to ward off infringers. You, as an applicant, can place the symbols anywhere along with the word or the device that is registered. But the standard placement for the symbol is on the top right corner of the mark.

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