Difference between TM[™] and R[®] symbol in Trademark

When you notice any brand logo, you may notice that a TM or R is located beside the trademark. Are they all similar or dissimilar? What is the difference between TM and R marks for trademarks? You will get a detailed discussion on this topic today in this piece of writing.

Who gets the authority to use TM and R?

It is a great question whether you should use TM or R beside your trademark. On the other hand, you have to learn why you should use them and when you will get the authority to use TM and R.

The Use of TM and R Is Explained

It is a mark that an entrepreneur can use during or after the trademark registration. When a person submits the trademark registration application successfully online or offline, he can use TM beside the trademark he has chosen for the business that he has submitted to register.

Trademark registration may typically take 18 to 24 months. Whatever time it takes, you can use TM marks until they are registered after the successful submission of the trademark. When the mark is registered or you get a trademark registration certificate at hand, you can replace TM with®. So, you understood the fact that a company or entrepreneur can use ® with the Trademark when it is registered under the Trademark Act 1999.s not have the authority to use TM?

The person who has applied for his trademark registration and it is successfully submitted to the online portal, can use the trademark symbol of TM until it is registered successfully. However, the trademark application may be rejected and registration can be canceled for many reasons. Then, the person will not get a registration certificate anymore. At that point, he cannot use the TM symbol anymore.

The situation when the TM application gets canceled

Trademark Objected

Trademark applications can be objected to by the register during the examination period. The applicant then has to show clarification with proper documentation. If the examiner is satisfied, the trademark registration process will proceed to the next phase. If he is not satisfied, the registration will be canceled. In that case, you will not be able to use the TM mark anymore. It will be an offense, then.

Trademark Opposed

Trademark opposition happens when it is published in the trademark journal by the trademark register or any authority. The previously registered trademark owner or anybody else can oppose the mark for registration if they find that there is a close similarity with the trademark they have or they have noticed anywhere. In that case, the opposition party has to prove it with documents, and the trademark applicant has to appear for the hearing session in front of the register. The register will decide whether the mark will be allowed for registration or not. If the mark is registered, you can use ®, and if it is canceled, you have to remove TM from the trademark you are using.

Cancelled

There are a lot of phases where a trademark can be canceled. If you notice that the status of a trademark is canceled, you cannot use TM anymore, and your dream of using ® with the trademark will be diminished. You have to select a new mark for your brand and reapply for it.

When can you use ®?

Only after the successful registration of the trademark ® symbol can it be used with the mark. If, in any situation, your application for trademark registration gets canceled, you cannot use the ® symbol anymore. There is no other way to use ® with your lovely brand.

How will you get a trademark registered?

Usually, choosing the right trademark unmatched by others ensures cancellations. There are many phases in trademark registration where it can be canceled for lack of proper documentation or clarification. However, you can meet all those criteria by submitting documents, but you cannot register if the mark is close to anyone else's logo or trademark. Besides, better legal assistance is required to face hearings related to opposition to trademarks. If all these processes are maintained perfectly, there is a possibility that they will not be rejected.

Through this clear discussion, you understood the difference between TM and R. Now, apply for trademark registration and get it as soon as possible to protect your brand.

It is recommended that, if you are not an expert in all these processes, you contact Online Legal India. They have experts for trademark registration and a legal team to support you if any legal assistance is required.