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A trademark refers to any kind of sign or symbol which is used to recognize and distinguish products and goods from several organizations. It helps the end user to identify the brand. It is a way to claim the ownership of your product and idea.
It can be categorized as either registered or unregistered. Registered ones are symbolized with an R symbol while unregistered are symbolized with a TM symbol. R and TM , both are used by several individuals and business entities to claim uniqueness of their services and product.
Any distinctive word, logo, symbol, sign can be easily considered as a trademark.TM logo is used by individuals and business entities to declare that particular good’s name, usage and all related things belong only to the entity or individual. Only thing is that there is no legal binding for TM logo usage. In case of any kind of dispute, owners need to provide all the proofs for ownership.
With R symbol, individuals and organizations have complete legal binding that product , its name and other details explicitly belongs to the owners only. One needs to register as per Trade Marks Act, 1999 to get an R symbol.
Any new company registering its trademark need to first confirm, if the particular sign or image is already registered or not. Usage of any similar image can also lead to trademark infringement cases.
There are many advantages with R logo over Trademark TM logo as below-
All the competitors are notified, once you register your logo/image on Trademark registry.
You can easily transfer or assign your license for registered ones with royalty payments as a return.
It helps in promotion of the goods/product in the market.
Differentiate original goods from forged ones.
With the TM logo, nobody is aware of your trademark in the market. You cannot win any lawsuit for business or logo. Registration is valid for the tenure of ten years. One can further extend the registration to another ten years by paying a particular extension fee.
Many organizations still use ‘TM’ sign instead of ‘R’ sign. Since general customer perception is that they assume that ‘TM’ stands for a liable one as most of the people are unaware of R. Using ‘R’ on unregistered trademark is punishable by law.
So, above were the major differences between both TM and R. One can choose type based on the requirement and usage. It is advisable to register your sign /symbol to avoid further law suits as it totally ensures your ownership over the sign or symbol used. For more information on trademark and related topics do reach out to us.
