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What is Trademark

What is Trademark

A trademark is a type of intellectual property consisting of a recognizable sign, design or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. A Trademark typically protect brand name logo and used to sales goods and services. Trademarks are used for the quality of the product, its original identity, quality assurance, advertisements and branding.

TYPES OF TRADEMARK

  • NAME
  • WORD
  • COMBIATION OF COLORS  OR LETTERS
  • SOUND
  • SOLGAN
  • DESIGN
  • LOGO
  • SHAPE, ETC.

 DIFFERENCE BETWEEN TM AND R SYMBOL

There is two type of symbol TM or R used by a company to identify its product along with a logo, design or phrase.

TM SYMBOL

TM is an unregistered logo. TM logo is used by individuals and business entities to declare that particular good’s name, usage, and all related things belong only to the entity or individual. There is no legal obligation for TM logo. When a unique trademark is decided by an individual or business origination to identify its service and products and an application is made to the trademark department for registration of that trademark. After that person or business organization can use TM symbol next to their trademark.  IF any other individual and business organization is already using the same trademark, the chances of your application rejection will be higher, and you will have to change the name later.

R SYMBOL

R is a registered logo. There is all legal obligation for R logo. The R symbol is registered under the trademark Act 1999, under which business organizations and individuals get full legal binding for their services, products and name. After that person or business organization can use R symbol next to their trademark. Registration is valid for the tenure of ten years. One can further extend the registration to another ten years by paying a particular extension fee. If the same trademark is used by any individual and business organization , then the concerned individual and business organization can take legal action against that person.

So, above were the major differences between both TM and R. One can choose the type based on the requirement and usage. It is advisable to register your sign /symbol to avoid further lawsuits as it totally ensures your ownership over the sign or symbol used.

Whichever you eventually decide to take, you can get started on to trademark registration with us. For more information on trademark and related topics do reach out to us.

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