What are the Different Trademark Symbols?

types of Trademark Symbols
Japsanjam Kaur Wadhera
| Updated: Jan 20, 2021 | Category: Trademark

A Trademark is a word, symbol, logo, design or any mark which is used by an individual or a company to distinguish its products from the others. A trademark provides a distinctive identity to a brand and sets a certain standard of quality for its products which can be trusted by people. Trademark registration is important as a brand shall lose its distinctive characteristic if a trademark is not provided to it. Generally, there are three symbols that are most commonly used to signify the trademark rights, that are, Trademark Symbol ™, Service mark symbol SM and Registered Symbol ®. The use of these symbols depends upon the nature of the goods and services sold and the trademark application with the trademark registry one or more of these marks can be used. This article will provide you with information regarding what are the different trademark symbols in India.

What is a Trademark?

A Trademark is a branding tool which when given to a good or service helps to identify the source company which is involved in selling such good or service. It creates a distinctive identity of the product sold by a particular brand. Common trademarks include logos, name, words, symbols and even sounds. To protect a company’s mark from being used illegally by others, trademark protection is necessary. Trademark protection not only stops other persons from illegally using a registered mark but also does not allow a mark quite similar to a well-known mark to get registered. Hence, trademark registration in accordance with the rules and regulations prescribed under the Indian Trademark Act 1999 is important for a brand to protect its mark from being infringed by others.

Different Trademark Symbols used in India

Trademark Symbols provides protection to different brands registered under the Trademarks Act. There are usually 3 different trademark symbols which are used in India. Such symbols are as follows:

Different Trademark Symbols

Trademark Symbol ™

A TM symbol is used when an application for Trademark registration online is made by the applicant with the trademark registry. The TM symbol is used to indicate the fact that a trademark application is made with respect to the trademark and serves as a warning for counter- fitters and infringers that may be sued. Registering a trademark gives an exclusive right to a company or a person providing a legal evidence of ownership of a particular trademark.

To obtain a trademark an individual or a company has to file a trademark application with the Trademark Registry and only then the company or the individual shall have the right to use the TM symbol.

Service mark Symbol, SM

The service mark symbol, SM is used to denote that the trademark applied for services of such business. SM is used with the trademark application filed by the applicant under class 35- 45. Some applicants prefer to use TM symbol for trademark application filed under class 1- 34 and SM for trademark filed under class 35- 45. Using SM mark for trademark application under class 35- 45 and TM symbol for all classes are both acceptable.

Registered Symbol ®

The ® symbol indicates that a particular mark is registered and the owner of the well known mark can now enjoy the legal protection from any violation and infringement of trademark laws in India. A registered symbol ® prevents the unauthorized use or copying of the registered mark. However a registered mark comes with a legal binding, that is, the using of ® symbol is legally allowed only when the trademark is registered with the Trademark registry. Using of the ® symbol after merely filing the application for trademark registration or without getting a particular mark registered by the registry is considered to be unlawful and illegal in India.

Trademark registration procedure

To register a trademark, the below mentioned steps are required to be followed: –

Step 1

The first step is that the applicant if required look for a brand name which has a distinctive identity. A brand name which is unique will easily be noticed by the people and therefore one must search a mark which does not resemble to the already existing registered mark.

Step 2

The applicant after finalizing a name having a distinctive identity shall apply for the trademark application. A Form TM- 1 has to be filled under the Trademarks Act to proceed further.

Step 3

The applicant after filing the application form is required to file a registration application in order to get its trademark protected under the Indian Trademarks Act. The registration of the trademark is done with the Trademark Registry.

Step 4

Once the application is submitted, an examination officer shall be appointed by the Trademark Registry who shall examine the application. If the examination officer after examining the application is satisfied, he shall approve the registration of the mark. However, is the examination officer is not satisfied with the application; he shall pass a refusal order for the same.

Step 5

Once the application is approved by the examination officer, it is published in the Trademarks Journal for scrutiny. If no person raises any opposition within a period of 3 months, then the trademark application is accepted for registration.

Step 6

A Trademark registration certificate is provided to the trademark holder once the trademark application is accepted and registered by the Trademark Registry. The registered trademark holder is now protected under the Trademarks Act.

Documents required for Trademark Registration

The applicant is required to file an application along with the necessary documents and the affidavit in support of it, so as to get the trademark registered. Such documents are photograph, id proof, the brand mark that is to be registered and etc.

Conclusion

Trademark registration is important to protect a brand from any sort of infringement or violation. A company or an individual can obtain different trademark symbols such as Trademark Symbol ™, Servicemark symbol SM and Registered Symbol ® for its goods and services which helps it to distinguish its products and services and provides protection to its brand. Therefore, registration of a mark and obtaining different trademark symbols must be done in accordance with the rules and regulations prescribed under the Indian Trademark Act, 1999[1] .

Also, Read: How to Avoid Rejections of Trademark Registration?

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Japsanjam Kaur Wadhera

Japsanjam Kaur Wadhera is an Advocate and has completed her BA.LLB (Hons) and has experience of writing various research papers during her college time. Earlier she was working as an Associate Advocate in a reputed Law Firm. She has an extreme interest in writing legal content and her core area falls under legal enactments, tax and finance.

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