A Trademark is any symbol, term, logo, or design that a person or business uses to set its goods apart from competing ones. A Trademark Symbol gives a company its own unique character and establishes a reliable standard of quality for all of its products. A brand will lose its distinguishing quality if a trademark is not granted to it, hence trademark registration is crucial. The Trademark Symbol TM, Service Mark SM, and Registered Symbol ® are the three symbols typically used to denote trademark rights. One or more of these marks may be used, depending on the type of goods and services being offered and the trademark application filed with the trademark register. You may learn more about the numerous Trademark Symbols used in India from this article.

What are Trademark Symbols?

A trademark is a branding instrument that, when applied to a good or service, aids in locating the entity that created it and is responsible for its sale. It develops a unique identity for the item offered under a specific brand. Common trademarks include words, symbols, sounds, and even logos and names. Trademark protection is required to prevent the unauthorized use of a particular mark by third parties. Trademark protection prevents not only the unauthorized use of registered marks by third parties but also the registration of marks that are confusingly similar to well-known marks. Therefore, it is crucial for a brand to register its trademark in line with the rules and regulations set forth in the Indian Trademark Act 1999 if it wants to prevent third parties from using it without permission.

Different types of Trademark Symbols

Different brands registered under the Trademarks Act are protected by Trademark Symbols. In India, there are typically 3 different trademark emblems in use. It includes the following:

• TM for Trademark

When submitting an online application for Trademark Symbol registration to the trademark registrar, the applicant must utilize the TM sign. The TM symbol is used to warn counterfeiters and trademark infringers that they risk legal action by indicating that a trademark application has been filed with regard to the trademark. By registering a trademark, a business or individual who can legally prove they are the owner of a specific brand and is granted an exclusive right.

A firm or individual must submit a trademark application to the Trademark Registry in order to secure a trademark, and only then will they be permitted to use the TM symbol.

• SM, or service mark symbol

The Trademark Symbol applied for services of such a firm is indicated by the service mark sign, SM. With the trademark application submitted by the applicant under classes 35–45, SM is used. Some applicants favor using the SM symbol for trademarks filed under classes 35–45 and the TM symbol for trademark applications submitted under classes 1–34. Both the SM mark and the TM symbol may be used for trademark applications in classes 35 through 45.

• Licensed Symbol®

The ® symbol denotes a registered trademark, meaning the owner of the well-known brand can now benefit from legal protection against any infringement or violation of Indian trademark rules. The use or duplication of a registered mark is prohibited by the registered sign ®. However, utilizing the ® symbol is only permitted legally when the trademark is registered with the Trademark registry, meaning that a registered mark has a legal obligation attached to it. In India, using the ® symbol without having a specific mark officially registered by the registry or after only filing an application for trademark registration is regarded as unlawful and illegal.

Procedure for registering a Trademark Symbol

The actions listed below must be taken in order to register a Trademark Symbols: –

Step 1

The applicant should start by, if necessary, searching for a brand name with a unique identification. People will more readily recognize a brand name that is distinctive, thus it is important to look for a mark that is distinctive from any other registered trademarks.

Step 2

After choosing a name with a distinctive identification, the applicant must submit a trademark application. To continue, a Form TM-1 must be completed in accordance with the Trademarks Act.

Step 3

To obtain trademark protection under the Indian Trademarks Act, the applicant must submit a registration application after submitting the application form. The Trademark Registry is where the trademark is registered.

Step 4

The Trademark Registry shall designate an examination officer to review the application after it has been submitted. The examination officer must authorize the registration of the mark if, after reviewing the application, he is satisfied. The examination officer must issue a denial order for the application if he is not pleased with it.

Step 5

The application is published for review in the Trademarks Journal when the examining officer grants it. The trademark application is approved for registration if no one files an opposition within three months.

Step 6

When the trademark application is approved and registered by the Trademark Registry, the trademark holder is given a certificate of trademark registration. The Trademarks Act now provides protection to registered trademark owners.

Conclusion

The protection of a brand from any kind of infringement or violation is ensured by Trademark registration. Different Trademark Symbols, such as Trademark Symbol TM, Service Mark Symbol SM, and Registered Symbol ®, can be obtained by a business or an individual for their goods and services. These symbols aid in product and service differentiation and brand protection. As a result, the Indian Trademark Act, 1999^[1] laws and regulations must be followed when registering a mark and getting various trademark symbols. Seek professional advice for Trademark Symbols. Bizadvisors is a leading company which will help you out the trademark registration and guide you further with the different trademark symbols. For further details contact Bizadvisors.io professionals.

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