How to use TM | Everything about the official Trademark Symbol

 

Trademarks are exclusive, one-of-a-kind symbols that are used to identify a company's goods or services. It's crucial since knowing how to use TM symbol sets your products apart from the competitors. It might be linked to your company or product. Trademarks are intellectual property, which means they are protected from infringement. 

The Trademark Act of 1999 protects trademarks and their rights.

Unlike patents, trademarks do not have a set length of validity. Patents, expire after 20 years, trademark registration online expires after 10 years and can be renewed for another 10 years. 

This process can be repeated indefinitely, which means that as long as you maintain renewing the trademark, it will not expire and will be protected under the Act.

 

Obtaining a Trademark for a Brand Name

By trademarking your company's name, you're safeguarding the brand, its reputation, and your ideas, all of which you've surely put a lot of time, sweat, and tears into developing. 

While the trademarking procedure will take time in all areas, nothing would be worse than failing to protect your brand and potentially being sued by a larger company for infringement.

The process of registering a brand trademark in India is now simple and straightforward, allowing you to trademark any of the following items, or even a combination of them:

- A letter, a word, a number, a phrase, graphics, a logo, a sound mark, or a combination of colours.

Currently, the Act's operation or functional body is the trademark register. It's also possible to say that they're working together. 

The trademark registry, as a working entity, is responsible for enforcing all of India's trademark laws and regulations.

The trademark registry's headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. 

A trademark is registered under the Trademark Act of 1999, and then it is registered with the Trademark Registry. Before registering, a registration mark, the registry will verify to see if it fits all of the Act's requirements.

 

Who Can File a Trademark Application?

Once the trademark is successfully registered, the person whose name is included as the applicant on the Brand Registration form will be declared as the owner of the trademark. 

Any individual, corporation, or limited liability partnership (LLP) can be an applicant and file a trademark registration application.

 

How to File a Trademark Application?

The trademark registry is in charge of trademark registration. There are a few procedures to take when you want to know how to use TM and register a trademark.

 

Step 1 - Choosing a Trademark 

Remember to select a distinct and unique mark to represent your organisation. Another crucial aspect is determining which class you belong to. 

Currently, the trademark can be registered in 45 different types of products and services. Goods are classified in classes 1 through 34, while services are classified in classes 35 through 45.

 

Step 2 - Research to avoid Infringement

It's a good idea to run a search after you've decided on a mark to see whether it's comparable to the one that's already been registered. You can do this yourself by visiting the Controller General of Patents, Designs, and Trademarks' online page. 

There is an opportunity to conduct a public search on the website. After selecting this option, you must select your class and do a search of the online database.

The other option is to hire legal counsel for trademark registration online, which, while more expensive, is the safer option. If your trademark is challenged, the overall cost of legal services will be lower. They will not only conduct the search, but they will also assist you with the process.

 

Step 3 - Apply for Trademark Registration Online

You can apply for numerous classes, series, or collective trademarks in one application. To do so, you must complete Form TM-A. This form lets you register a trademark in more than one class. There are two cost levels for completing this form:

• 9,000 rupees or 10,000 rupees

You will fall into this category if you are not a startup, small business, or an individual. If you file the form in person with the Office of Trade Marks, you must pay Rs. 10,000 for e-filing and Rs. 9,000 for e-filing.

• 5,000 rupees or 4,500 rupees

You fall into this category if you are a person, a small business, or a startup. The fee for e-filing the form is Rs. 4,500, while the fee for physically filing the form is Rs. 5,000.

Make sure not to make any mistakes when filling out the form, since this could cause delays or even rejection of your application. You must complete all of the fields and include a 9 by 5 cm trademark photograph. 

It's possible that you'll be asked to submit five copies of the same document. When filing, the entire file must be supplied with two duplicates.

You have the option of filing it online, by yourself, or through an agent, whichever is most convenient for you. Confirmation of filing will be done instantly if done online. However, it could take up to 15-20 days if done manually.

 

Things You Should Know About How to use TM Symbol

One of your company's most precious assets is its trademark. It is a sort of identification that adds considerably to the public image of the company. 

A trademark is a visual symbol, such as a word, a name, a number, a label, a logo, or a colour combination. It is a distinctive symbol that aids clients in recognising a specific brand or organisation.

The Trademark Act of 1999 regulates trademarks and trademark registration.

The Controller General of Patents, Designs and Trademarks (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India, registers trademarks in India.

 

Symbols for Trademarks

Service Mark (SM) and Trade Mark (TM) 

This indicates that the trademark has not yet been registered but that an application is in the works. 

It is posted to serve as a warning to other parties who may infringe on the same. 

Because the application has not yet been authorised by the authorities, there is no special legal meaning and this is how to use TM symbol.

 

R Symbol

After the trademark application is approved, you have the authority to display the R sign next to the trademark as the proud owner of the newly registered trademark. 

It signifies that the trademark has been officially registered and that any violation by a third party will be prosecuted.

The R symbol is not required to be displayed. It does, however, safeguard the trademark owner in the sense that if someone rips off the genuine product, he has the right to sue the third party for infringement and collect all lost earnings.

It is because the court needs the trademark owner to show that the infringement was aware of the trademark's registration but proceeded to use it without permission.

 

C Symbol 

The C symbol is commonly used to denote the owner's copyright over a piece of creative work. Artwork, photography, videography, literary works, and software are all examples of this.

The C sign has no expiration date. The symbol is used in conjunction with the name of the copyright holder and the year of the work's first publication in the nation where it was copyrighted. Overall, when it comes to trademarks and their registration, there is a lot to be aware of. The process is complicated in and of itself, which is why the candidate must conduct thorough research. As a result, registering your trademark has numerous advantages if done properly.