What is the meaning of the ™ and ® symbols in India?

Answer By law4u team

In India, the ™ (Trademark) and ® (Registered Trademark) symbols are used to indicate the status of a trademark, and each has a specific legal meaning: 1. ™ Symbol (Trademark): Meaning: The ™ symbol stands for "Trademark" and is used to indicate that a word, logo, or symbol is being used as a trademark, but it has not yet been officially registered with the Trademark Office. Usage: It can be used by anyone who has applied for a trademark but has not yet received official registration. Legal Protection: The ™ symbol does not provide the legal protection of a registered trademark, but it serves as a public notice that the user is claiming rights over that particular trademark. It helps in preventing others from using a similar mark. Duration: It can be used indefinitely as long as the trademark is in use, even if the registration process is pending. 2. ® Symbol (Registered Trademark): Meaning: The ® symbol stands for "Registered Trademark" and is used only when the trademark has been officially registered with the Trademarks Registry under the Indian Trademarks Act, 1999. Usage: The ® symbol can only be used once the trademark has been granted registration by the Controller General of Patents, Designs and Trademarks in India. It signifies that the trademark has passed the registration process and enjoys full legal protection. Legal Protection: A registered trademark provides exclusive rights to the owner to use the mark in relation to the goods or services for which it is registered, and it grants the owner the legal ability to take action against infringement. Duration: A registered trademark in India is valid for 10 years from the date of registration and can be renewed indefinitely by paying the applicable renewal fees. Summary: The ™ symbol indicates that a trademark is claimed but not yet registered, offering limited protection. The ® symbol indicates that the trademark is officially registered and enjoys full legal protection under the Indian Trademarks Act, 1999.

Answer By Ayantika Mondal

Dear Client, In India, ® and ™ are the symbols that are used to denote the legal status of a brand, name, logo or slogan under Trademarks Act 1999. TM Symbol of Trademark Meaning: The TM symbol means Trademark. Status: It is a type of claim the user is making the ownership of the mark but it is not registered. Usage: The tm symbol may be used by a company as soon as it begins to use new mark as a part of trade or when they have already submitted a registration application, yet are still awaiting approval of the Trademark Registry. Legal Impact: It is a publicity or a caution to the rivals that the proprietor views the mark as their intellectual property, thus scaring off the possible violators. But it lacks the strong, exclusive legal rights and statutory protection against infringement that a registered mark offers. ® Symbol Registered Trademark: Meaning: ® is a Registered Trademark. Status: It means that the mark has been registered and passed by the Controller General of Patents, Designs and Trademarks in India. Usage: Only when the registration certificate is formally issued by the Trademark Office, it can be used. Its use without the necessary registration is illegal. Legal Impact: A registered mark provides a mark owner with unique rights to use the mark in the country of registration, that is, in India, concerning the goods or services on which a mark is registered. This gives it the best legal coverage and the owner can sue infringement and claim damages and injunctions. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you