What is the difference between Registered ® and Trademark™?

 

We often get confuse between various signs and symbols. Similarly, this confusion between the registered and trademark sign always creates a fuss and leaves us wondering is it legal or not. Thus, we try to find out what is the difference between Registered and Trademark.

Now the question arises do you need to do trademark registration online to use these marks or when can you use them, and why should you use them.



When should you use a Trademark?

Firstly, the trademark symbol (TM) is a mark that companies use on a logo, title, slogan, name, or picture representing the business.

Secondly, you can use a ™ symbol once you have applied for it and received confirmation from the trademark authority.

Thirdly, you can use it only for six months after receiving acceptance from the authority. 

Most importantly, if you use the ™ symbol, there is no legal protection for your business name, slogan, design, artwork etc. 

Also, if you are using an already registered trademark by someone else, you will still have a risk of legalities.

Therefore, do research and make sure you are not using a similar mark.

When should you use a Registered? 

The owner can use the registered symbol ® after completing the registration process and receiving the acceptance letter from the authority.

The sign ® means that the mark is now in the Trademark Journal without any objection.

Also, the owner receives a Registration Certificate.

Once your trademark registers, you can start using the ® symbol.

However, anyone who tries to copy or do any activities that violate the mark faces legal punishment.

 

7 Differences between Registered and Trademark

1. Symbol

Registered - ®

Trademark- ™ 

2.Advantage 

Registered It provides legal protection to your brand name, logo, symbol etc.

Trademark - It does not give any legal protection and may make you liable for legalities.

3.Validity Proof

Registered - In case of any legal proceedings, only a registered trademark is considered valid and given superiority.

Trademark - You cannot prove the validity of a trademark if it is not registered and results in losing the case.

4.Time of Efficacy

Registered A registered trademark is valid for 10 years. After that, you will have to renew it with a renewal application.

Trademark - You can use the TM symbol only until 6 months after receiving the letter of acceptance. However, if there is any objection, you will have to stop using the TM mark immediately.

5.Collateral Usage

Registered - You can use a registered trademark as a collateral asset for borrowing loans from banks or any financial institution.

Trademark - It cannot be used as security for a loan because you do not have any rights yet.

6.Transfer of Trademark

Registered - You have the right to transfer a registered trademark to someone else under various categories in exchange for a royalty.

Trademark - You cannot transfer a non-registered trademark.

7.Use of Sign

Registered It is mandatory to use a ® sign once your trademark is registered to enjoy legal security.

Trademark - It is on you to use the ™ sign with your name after application. However, using so will help you to inform the people that you have already received the letter of acceptance from the authority until further objection.

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