Trademark Symbol
- Leezer Kaur
- Apr 14, 2023
- 3 min read
“Written by Leezer Kaur, a 3rd-year B.A.LL.B. student at Army Institute of Law, Mohali”
Trademark
A trademark is a unique identification symbol, label, sign, logo, name, or any such expression used for products and services. These provide intellectual property rights to the owner of such trademark towards his trademark. He can sue the person if someone uses his trademark or infringes his rights towards his trademark.
Trademark Symbol
A trademark symbol is a superscript of TM, i.e. ™. It mainly emphasizes the fact that the trademark is being considered for registration. It could be registered by the authorities, or the application may be pending with the registering authorities. Even if the application is rejected by the registering authority, this symbol could be continued to be used by the person who was seeking registration of the trademark. If a person thinks that his unregistered trademark is unique, even then, this symbol can be used by him along with the trademark of his product.
This symbol is used when a trademark application is made by the person to the authority registering such trademarks. It indicates that a trademark application exists concerning the trademark and serves as a warning for those who plan to use it. These apply to all classes of goods and services from 1-45 and can be used for any of them. However, it is preferably used for an application under the class of 1-34.
Other Symbols Related to an Application for a Trademark
℠ Symbol: When a trademark is used for a service instead of goods, then it is considered a Service Mark. It is used with unregistered products and services as well. It is considered a mark used to promote unregistered products and services.
® – R Symbol: When the authority authorized to register a trademark is satisfied that the application for registration of a trademark is genuine, then the authority may register it. On successful registration of a trademark, the applicant can start using this symbol which indicates the registration of the trademark. It provides the owner with intellectual property rights toward his trademark. Infringement of such rights or use of these registered symbols by an unauthorized authority can result in proceedings against the person using it. However, registration is not a mandatory requirement. Even the owner of a common trademark symbol, i.e. ™ can file a suit, but an unregistered mark can be protected within its local limits only and not beyond that.
©- C Symbol: This symbol is used to denote ‘copyright’. A copyright is a right to reproduce a certain set of materials. A copyright is a right concerning intellectual property created by the person on their own and it protects the owner so that his ideas won’t be used without his permission or license or before the expiry of a particular period for which his copyright is applicable. It grants the exclusive right to the creator to use that property and duplicate it. It could be related to art, literary work, computer software, cinematic works, and musical lyrics, etc. However, the copyright must be registered with the appropriate authority. The other important point is that copyright has to be creative and in tangible form to be registered. It does not apply to any idea or theory in intangible form. In some countries, it is mandatory to use this copyright symbol to claim protection under this concept.
Conclusion
A trademark symbol or superscript of TM, i.e. ™, is used with the trademark, which could be a name, an expression, a logo, a slogan, etc. It indicates that an application has been filed by the person having such a trademark for the registration of his trademark. It may also be used with registered trademarks or in case of an application for registration is pending with the authorities. It may also be continued to use even if the application for registration of the trademark is rejected by the authorities. On successful registration of a trademark, the person seeking such registration starts using the symbol of registration, i.e. ®, which provides the intellectual property rights to the person towards his trademark. Other types of symbols related to a trademark application are service marks and copyright symbols, etc.
REFERENCES
'Trademark Symbols', International Trademark Association, available at: https://www.inta.org/fact-sheets/trademark-symbols/#:~:text=TM%20stands%20for%20trademark.,in%20the%20mark%20are%20claimed.
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