Trademark Symbols ®, ™, ℠ – Which One Can You Use?

What is a Trademark Symbol?

A trademark is a symbol, logo, word, or expression that provides the brand with a unique identity and lets the consumers identify the brand and its services. In addition to the above, a registered trademark provides legal protection to a brand’s identity and prevents your competitors from copying it. It can either be a logo, a symbol, a word, or even a sound.

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What are the Different Trademark Symbols and their Meanings?

There are various symbols that can be assigned to a trademark at different stages of registration. Here are the most common trademark symbols -

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TM ™ Symbol

The TM symbol indicates that the trademark owner has filed the application for registering the trademark with the registrar of trademarks. The owner can use the ™ symbol once the trademark application is submitted. It acts as a warning for the competitors that the trademark is under the process of registration and its infringement might lead to legal action after its registration.

While a TM symbol does not provide legal protection to the trademark owner as it is not yet registered, it is still used as a warning for the infringers to avoid copying or infringement of the trademark.

Trademarks have been classified into 45 classes. Classes 35-45 belong to services, and classes 1-34 belong to goods. Trademark owners can use the TM symbol for all classes and the SM symbol for service classes. If the trademark application is filed under classes 35-45, the owner can use the SM symbol and the TM symbol can be used for other classes.

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R Ⓡ Symbol

The trademark owner can use the R symbol once the trademark is registered. The R symbol signifies that the trademark is approved and registered with the registrar of trademarks and is protected from infringement as per the Trademark Act, 1999. If any other person uses a registered trademark having the R symbol without the consent of the owner, he/she can be prosecuted for infringement. Having the R symbol next to the trademark before the trademark is officially registered is not permitted by law. However, if the trademark is registered, the trademark owner can use the symbol R with the trademark.

Although using the R symbol is not mandatory, using it along with the trademark indicates that it is legally protected and prevents it from copying and infringement.

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C Ⓒ Symbol

The C symbol is used for copyrighted work like videography, photography, artwork, books, cinematographic work, and literary works. It is used with the copyright holder's name and the date of publication. Some countries have made it mandatory to use the C symbol to get copyright protection. However, the countries following the Berne convention do not make it mandatory to use the C symbol, and you can claim copyright protection even if you do not use the symbol. In India, it is not mandatory for copyright owners to use the C symbol.

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Steps to Get a ® Trademark Symbol

Given below are the steps that you need to follow to get a ‘Registered’ trademark symbol -

Step 1: Choose a Unique Brand Name

Start by searching online for a unique, catchy, and trendy brand name. Opting for a wacky or quirky name can be advantageous, as many generic names might already be taken. Conduct quick research to ensure your chosen name is not already in use. Consider inventing or blending words to create a distinctive brand name.

Step 2: Prepare Your Trademark Application

For online trademark registration, you need to submit the following documents with your application:

• Business Registration Proof: Provide identity proof of company directors and address proof for registered businesses. For sole proprietorships, submit the proprietor's ID proof (e.g., PAN card or Aadhaar card). For companies, submit the company’s address proof.
• Soft Copy of the Trademark: Include a digital version of your trademark.
• Proof of Claim (if applicable): Evidence that the proposed mark is used in another country, if relevant.
• Power of Attorney: Signed by the applicant.

Step 3: File the Trademark Application

You can file the trademark registration application (Form TM-A) either manually or online.

• Manual Filing: Submit your application in person at the Registrar of Trademarks offices in major cities like Delhi, Mumbai, Kolkata, Ahmedabad, or Chennai. You’ll receive an acknowledgment receipt after 15-20 days.
• e-Filing: Submit your application online to receive an immediate acknowledgment receipt on the government website. You can use the TradeMark (TM) symbol with your brand name upon receiving the acknowledgment.

Step 4: Application Examination

The Registrar of Trademarks will review your application to ensure it meets legal requirements and does not conflict with existing or pending trademarks. This step confirms that your brand name complies with the regulations and is sufficiently distinct.

Step 5: Publication in the Trademark Journal

After examination, your brand name will be published in the Indian Trademark Journal. There is a 4-month period during which oppositions can be raised. If no opposition is filed, the Registrar will proceed to issue the Trademark Registration Certificate.

Step 6: Handle Trademark Opposition

If a third party opposes your trademark within the 4-month publication period, you will receive an opposition notice. You must file a counter-statement within 2 months of receiving the notice. Failure to respond within this period will result in the application being considered abandoned.

Step 7: Opposition Hearing (if applicable)

If opposition is filed and you respond with a counter-statement, both parties will present evidence and have a hearing. The Registrar will review the evidence and make a decision to accept or reject the trademark application. If accepted, the registration process will continue.

Step 8: Issuance of Trademark Registration Certificate

Once all steps are completed and if there is no opposition, or after a successful opposition hearing, the Registrar will issue the Trademark Registration Certificate. You can then use the registered trademark symbol (®) with your brand name.

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When is Each Trademark Symbol Used?

The significance of each trademark symbol is different, and depending on the trademark application status, the type of trademark symbol that should be used changes. Here’s when each trademark symbol should be used -

• R Symbol - The R symbol is the sign that the trademark has been approved and registered or is legally protected from infringement. If your trademark application has gone through complete scrutiny and has been approved by the registrar of trademarks, you must use the R symbol. Using the R symbol acts like a warning for the infringers that the trademark is registered, and any misuse can result in legal action.
  Also, you cannot use the circled R symbol before your trademark application status turns to ‘registered.’
• C Symbol - The C symbol is used for copyrighted work, with the publisher’s name and the date of publication. The copyright symbol is used for literary works, videography, photography, artwork, books, and cinematography.
• TM Symbol - It is used when you want to claim a right of the trademark before getting the trademark registration or approval. You can use the TM symbol right after submitting the trademark application. While it does not provide any legal protection, it does help you inform your competitors that the trademark application has been submitted and is in the process of registration. Any infringement of the trademark might result in legal issues in the future.

If you are planning to get a trademark registered and want to ensure a smooth and timely trademark registration and use the right trademark symbol at the right time, you can take the assistance of a CA. Book an eCA today!

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