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From the time you submit your trademark application to the registrar to the time it gets approved and registered, your trademark application goes through a number of stages. It takes approximately 18-24 months for a trademark to get registered. You can assign various symbols to your logo or brand name during this time. This article covers all that you should know about trademark symbols and how and when to use them.
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.
There are various symbols that can be assigned to a trademark at different stages of registration. Here are the most common trademark symbols -
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.
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.
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.
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 -
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.
You must use the TM symbol if you have only applied for the trademark and your trademark is not yet registered. However, if your trademark is already registered, you can use the R symbol.
There are 5 different types of trademarks. These are
Class 7 in the trademark signifies machines, engines, motors, and machine tools. Class 7 trademarks should use TM as this class belongs to products.
