A Complete Guide on Difference between TM and ® Symbols

A Trademark is the easiest way of branding and recognizing a company’s products or services and helps differentiate a company’s products and services from other companies. Owners of brands are not aware of the meaning of symbols in relation to their trademarks. There are two most commonly used trademark symbols, one is the TM symbol, and another one is ®. However, there are some other symbols like SM (Service Marks) which is commonly used in the United States of America (USA) or the RTM (Registered Trade Mark). The trademark status can be recognized through the right use of the TM or ® symbol, which are also a vital element of brand protection. In this blog, we discuss the difference between TM and ® symbols.

Trademark Symbols – An Overview

Before we discuss the difference between TM and ® symbols, let us first understand trademark symbols. The two primarily use symbols are the TM and ® symbols. These are commonly placed in a noticeable position, usually to the right at the end of a brand name and used by dealers in the market. But, the relevant meanings of trademark symbols cannot be commonly understood and sometimes, they are not applied properly.

TM Symbol

This symbol is used to show competitors and customers that this brand is projected to be operated as a “Trademark”. The use of the TM symbol doesn’t mean that the trademark is registered, nor it indicates that owners of the brand have any rights concerning to registered trademark under the Act.

This mark can be used in association with products or goods, not services, and the brand owner can use this symbol at the end of the brand name. This symbol tells that a trademark owner views mark as deserving trademark protection and corresponding warns the third party not to use the trademark or a surprisingly similar trademark. However, this symbol is not a common symbol as the ® symbol, but still, it is commonly used on products sold.

® symbol

This symbol tells that the trademark has been successfully registered under the Trademark Act. This symbol is only be used once the trademark is registered. Therefore, it demonstrates to the customers and opponents that the trademark owner has been granted some exclusive rights to use the brand name. Also, it provides protection mechanisms that are provided to and enforceable by registered trademark holders under the Trademark Act. It can also help in acting as a preventive to possible infringers from copying or misusing the brand name or logo.

The trademark symbol is used by most of the people who are aware of the Trademark Registration symbol, i.e. ®. This symbol can be used in association with trademarks or services marks that are registered with the United States Patent & Trademark Office (USPTO). The use of this symbol is one of the benefits of Trademark Registration because, at the same time, it lends credibility to the company or product as customers are aware of the symbol, and it also warns opponents not to use a similar trademark or service mark.

Primary Difference between TM and ® symbols

The TM symbol is commonly used by any individual or any business to specify a specific word, logo, or phrase to serve as an identifier for the source of the product or service. Before using the TM symbol, one should have to register a trademark. Many companies in India opt to use the TM symbol for a new business before or during the Trademark application process.

Whereas the ® symbol shows that this logo, name, word, or phrase is a registered trademark for the product or services of a company. It should only be used in the case of registered trademarks and by the owners of the registered trademarks. It is also used in the different regions in which ownsa valid Trademark Registration.

When you can use TM or ® symbol

• ® Symbol: This symbol shows that a trademark has been registered under the Act, and this can be used once the trademark has been registered under the Act.
• TM Symbol: This symbol shows that the owner of the trademark has a trademark view as the mark deserves trademark protection. This symbol notifies the competitors or third parties not to use a similar trademark.

Who is Eligible for Trademark Registration in India?

After understanding the difference between TM and ® symbols, you must know who can apply for Trademark Registration in India. An individual, proprietor, company or other legal company who claims to be a trademark owner can file an application for Trademark Registration in India. Within a few days, an application for Trademark Registration should be filed, and after a grant of registration, the applicant can use the “TM” symbol at the end of the brand name or trademark. Once the trademark gets registered, it will be valid for ten years from the date of filing, and it can be renewed after it expires.

Trademark Registration in India

Before going through the Trademark Registration procedure, you must know the difference between TM and ® symbols. There are various categories of trademarks in India, such as slogan, letters, word, logo, phrase, etc. The first step of Trademark Registration is to have a unique name for your company’s products or services. Many people try to have expressive names because it describes the product of a company. Searching for a unique name is very time-consuming because, during a trademark registration, if your name is similar to other registered names, your application may get rejected. Then you might receive a letter telling you to change your brand name. To escape this, Trademark Search should arrange and is available in both online and offline modes.

Conclusion

The above-mentioned difference between TM and ® symbols can be considered before going for trademark registration. These symbols have distinctive meaning; therefore, they can’t be understood as one term. In case you need more info, you may seek the help of a professional in this regard.

Also, Read: Importance of Trademarks for your Business – A Complete Guide