The symbols “TM” and “®” are used to indicate that a specific mark is the intellectual property of another party. To actually assert or protect the rights to your trademarks in India, you do not need to include the ® or TM insignia with them. The same is stated in Article 5 of the Paris Convention. Although using trademark symbols is not required, it is advised because it alerts infringers.
Trademark Application Symbol: “Trademark Registration”
The owner of the mark may use the symbol next to his or her mark after submitting a successful trademark registration application to IP India in India. By stating that trademark registration for a given trademark is already in progress, it acts as a warning to infringers. When claiming ownership of text, graphics, or other information that has not been properly registered with a regulatory body, businesses may use the trademark superscript Trademark Registration. Occasionally, businesses will use the trademark registration in india symbol to indicate that it is their first use or that they have applied for registration. It suggests, from a business perspective, that the individual offering a good or service thinks it has a unique identity.
‘®’ stands for “Trademark Registration.”
The R symbol denotes a trademark that has been successfully registered with the Indian Trademarks Registry. An individual who owns a trademark has the sole right to use it to identify their goods or services after it has been registered. The mark could not be used by anybody else without the owner’s consent or licence. The ® symbol informs people that the trademark has been registered as a consequence.
This icon denotes that the Trademarks Act of 1999 has given the logo legal protection. Trademark registration in India has a ten-year validity period, with the option to extend it through the renewal process. If a person or company uses the registered name, logo, or symbol without the owner’s consent, they could be charged with trademark infringement.
Differences between the TM and R symbols
Both of these symbols carry diverse meanings and have many ramifications, including
- Usage:
- At different stages of the trademark application, both symbols are relevant. The ® symbol can be used once the company’s trademark has been legally registered.
- On the other hand, the trademark registration online symbol may be utilised when a trademark registration for a particular good or service is pending.
- Legalities
- There is no legal standing or protection for the trademark sign TM. The TM mark is protected by law and is punishable if it is imitated by another party.
- The ® trademark is legally protected and violating it will result in legal action.
- Value and purpose of branding
- The trademark registration online symbol is often preferred for brand identification of the particular company, group, or person while waiting for the process to be finished.
- You may be sure that you can use your intellectual property to leverage your brand equity by using the ® sign when you’re selling your goods or services.
How to File a Trademark Application
The processes listed below can be used by a firm to trademark registration online in India.
Step 1: Apply online.
Fill out the Form TM-A at the Trademark Registry India. You can also do it offline by going to the Trade Marks Office in person. Send in the supporting documentation in accordance with the application’s specifications.
Step 2: The Exam
An examiner will be dispatched by the government authority to make sure all the conditions established by the Indian government are met. The Trade Marks Act of 2016’s stated regulations govern the thorough evaluation of the trademark application. Within thirty days, the report will be submitted. If there are any objections, the examinee will have 30 days to raise them.
Step 3: The post-examination
After removing the problems from the examination report, the examiner will receive the response for additional review. Depending on the conditions and procedures, the examiner may accept or reject the response. The application will be turned down if the objection is persistent. The application will be sent once approved.
Step 4: Publication
There is a set time frame during the trademark publication process for any opposition to the trademark. The court will hear the opposing party’s arguments and take the appropriate action if there are any. In the event that it is necessary, the business must also solve the problem. The registration continues after the approval.
Step 5: The RC
The registration certificate is issued in response to the trademark request once all of the examination has been completed. With a stamp from an official registration certificate, the trademark office completes the transaction.
Conclusion:
The TM and ® marks can be used in conjunction with your mark, whether it be a word mark or a graphic mark. Though there is no specific placement, the mark is frequently placed in the top-right or bottom-right corners. However, this regulation is not always followed by all brands.
Firms like Celio are forced to relocate the emblem because the upper right-hand corner is already occupied by Celio’s red dot trademark. Once your trademark registration in India is complete, there are generally no restrictions on where you can place the ® symbol.
