When to use TM and R in trademarks in India?

When to use TM and R in trademarks in India?

When it comes to trademarks in India, it is important to understand when to use the symbols TM and R. The two symbols are used to indicate that the mark is registered and unregistered, respectively.

A trademark is any sign, symbol, design, word or phrase used to distinguish goods and services of one trader from those of another. A trademark registration gives the owner exclusive rights to use the mark in connection with certain goods and/or services.

In India, the trademark symbol TM is used to identify marks that are not registered. The TM symbol is used to indicate that the mark is being used as a trademark and that the owner is in the process of seeking registration, but it does not guarantee that the mark will be registered.

The R symbol, on the other hand, is used to indicate that the mark is registered. The registration process involves the filing of an application with the Trademarks Registry, which is then examined by the Registry. If the application meets all the necessary requirements, the mark is registered. Once registered, the mark is protected under the Trademarks Act, 1999.

It is important to note that the TM symbol can be used on unregistered marks, but the R symbol can only be used on registered marks. If a mark is registered, it is important to use the R symbol to indicate this to the world. If a mark is not registered, the TM symbol should be used.

Using the appropriate symbols is important not only to inform the public that a mark is registered, but also to give the owner certain legal rights. For instance, if a third party uses a mark in India that is similar or identical to a mark that is registered and using the R symbol, the owner may sue the third party for trademark infringement.

It is also important to note that the use of the R symbol is not compulsory, but it is recommended. The use of the symbol gives an indication that the mark is registered, and this may deter potential infringers from using the mark. Therefore, it is important to use the R symbol if a mark is registered.

It is also important to use the correct symbol when using a mark in other countries. In many countries, the TM symbol is used for unregistered marks, and the R symbol is used for registered marks. Therefore, it is important to use the appropriate symbol when using a mark in a foreign country.

In conclusion, it is important to understand when to use the symbols TM and R when it comes to trademarks in India. The TM symbol is used for marks that are not registered and the R symbol is used for registered marks. Using the appropriate symbol is important to inform the public about the registration status of a mark, and this may deter potential infringers from using the mark.

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