What Is The Big Difference Between the ® Symbol and the ™ Symbol?

10 Myths and Misconceptions About Company Registration Debunked
June 29, 2021

What Is The Big Difference Between the ® Symbol and the ™ Symbol?

One area of confusion around trademarks lies in the difference between TM and R symbols, what they represent, and why and when you should use them. In this article, we will shed light on all these queries.

In common words, a trademark is a symbol used to represent something. It generally represents either a company or a particular product. There are different categories of trademarks such as sound, word, logo design, slogan, shape, emblem, letters, and more. Trademarks can also include acronyms, fonts, and even specially designed colours. There are absolutely no restrictions on where the ® symbol has to be placed on a trademark.

The Point of Difference Between the Symbols

Most of us think that the ™ and ® symbols are interchangeable but that is far from the truth as the ™ symbol and the ® symbol both convey different meanings. The symbol ® is used for registered trademarks. On the other hand, when a particular product has a trademark that is pending registration, the ™ symbol can be used, and the ® symbol cannot be used for such unregistered trademarks.

Essentially, trademarks can either be registered or unregistered. The ™ trademark symbol has no legal backing while the symbol ® is legally protected. The ™ symbol is commonly used on the brand identity of a particular association, company, or individual while waiting for trademark registration. A registered trademark for a particular service/product on the other hand is indicated by the ® symbol.

The SM symbol is used to represent services by an individual or a company but not manual products. It is wrong to use ™ symbols if you sell services rather than products and vice versa. Generally, the SM symbol is used when services are offered. Like the symbol ™, SM is also an unregistered trademark and it has no protection.

Benefits of Trademark Registration

  • The owner of a particular trademark has exclusive rights and control over it
  • In case of infringement, the owner of a trademark has the right to take legal action against the third party violating his right to exclusivity
  • Registered trademarks prevent customers from purchasing or using duplicate, low-quality products/apps from imposters
  • Registration of trademark creates an intangible asset of intellectual property
  • Trademarks promote goods, products, apps, and services
  • After trademark registration, your trademark has protection for a period of 10 years at a reasonable price. You can renew it every 10 years
  • Trademarks recognize the birth of a product, its name, design, logo, or service. The commercial interests of an individual or a company get protection by trademark
  • Having a trademark makes it easy for customers to find your product, logo, or service
  • If someone either intentionally or unintentionally infringes upon your trademark then you can ask them to eliminate the same from their products/services. You can also compel them to pay legal fines and fees
  • Trademarks attract young people and make it easy for you or your company to attract talented human resources
  • One of the other advantages of having a registered trademark is that the products/services of a registered trademark will be easily trusted by customers
  • Most importantly, when you want to extend your products or services to a foreign country. Your trademark registration in India will provide a foundation for registration in other countries.

Trademark Registration in India

The first step to trademark registration is having a unique trademark for your product/service. Choosing a unique trademark is surely time-consuming but, when applying for trademark registration, if your trademark is similar to other rivals, your application will be rejected and you might receive a letter asking you to alter your trademark. So to avoid this a Trademark Search should be conducted. Chaludiya & Co. offers one for free.

Many individuals often try to use descriptive names that describe the product/service as their trademark, such attempts at trademarking are also blatantly rejected as it stands in direct violation of the rules relating to trademarks. If you want to learn more about what can and cannot be trademarked, consult an experienced trademark consultant.

The Takeaway

There is a significant difference between ™ and ®. Trademarks can be registered or unregistered. If your product has the potential to garner great success, then it is a good idea to have a registered trademark. Connect with Chaludiya & Co. and Register Your Trademark Today!