The popular misconception is that the symbol ™ can only be used after a trademark has been applied for registration and not otherwise.
The symbol ™ can be used on a mark that you intend to use as your trademark. In other words you are merely expressing to the general public at large your intention of using your mark as a trademark.
The symbol ®, which is nothing but the letter “R’ within a circle, implies that the mark which accompanies it has been registered as a trademark. Any unauthorized use of the registered trademark by anyone other than the owner of the trademark amounts to infringement. Falsely using the registered symbol ® on any unregistered mark is an offense and punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
It is not necessary for a person to have applied for or obtained registration of the mark for using the symbol ™. Whereas it is essential to secure registration of the trademark to use the symbol ®.
Obviously, the symbol ® is much more potent than the symbol ™ in many ways.
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
The Evolving Liability of Domain Name Registrars: Snapdeal Private Limited v. Godaddycom LLC and Ors.
As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly…
Indian Trademark Filing Fee increased – Retrospective effect from August 1, 2014
A year ago, we wrote about the tentative amendment to the Trademark Rules which involved the increase in filing fees.The Trademark Rules have been…
Prosecution history estoppel in India – A suit of armour or a double-edged sword?
The doctrine of prosecution history estoppel is popularly associated with patent litigation. In the context of patents, the doctrine constitutes a…