Trademark Symbols

TM

Trademark

SM

Service Mark

R

Register Mark

C

Copyright

What is the difference between ™ and ®?

When there is a TM on the brand name or logo, it indicates that the trademark application has been filed and the registration is under process. An applicant can use the TM beside his brand name or logo once the application is filed. He can use it until the registration is done. After completion of registration, the TM gets replaced by ® which means the trademark registration is completed and it is valid for 10 years.

Who Can Obtain a Trademark

INDIVIDUAL
JOINT OWNERS
LIMITED LIABILITY PARTNERSHIP
TRUST OR SOCIETY
PROPRIETORSHIP FIRM
PARTNERSHIP FIRM

Why Online Legal India?

  • We conduct a thorough research regarding your TM availability from the Govt.
  • Authorization letter is prepared from our side in order to file Trademark registration on your behalf.
  • We offer the best services to make sure that our client does not have to face any responsibility of filing Trademark.
  • You will be guided on the classes you have to apply under and we are the one to guide you.
  • We will provide assistance regarding form fill up with the Registrar.
  • You will be receiving updates constantly from our side till the registration is completed.
  • We assure you to protect your brand of products or services.

Trademark Registration Process

How TM Expert Will Process Your Trademark Registration

FAQ

What is a Trademark?

Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source, although trademarks that are used to identify services are called service marks.

What can be registered as a Trademark?

A trademark is basically any word, name, symbol etc. which is used to identify and distinguish products or services of one specific seller or service provider from those of other competitors in the market. It also indicates the source of the products or services.

What Trademarks are not Registrable?

The TM logo indicates an unregistered trademark which is still distinguished from similar products or services. According to the Trademark Act, an unregistered Trademark does not get total protection and cannot prevent a third party from using the same mark.

What is Trademark class?

A Trademark classification is a procedure by which examiners and the trademark attorneys arrange the required documents including trademark and service mark application, according to the description of goods to which the marks are applicable.

How long Does it take to file a Trademark application?

Filing a Trademark application usually takes around 18-24 months.

What are the documents required for Trademark filing?

Trademark filing requires the below-mentioned documents

  • Copy of Logo (optional)
  • Signed Form-48.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address proof of the applicant

When Can I Use ™ Symbol?

Once the trademark application is successful, you receive an acknowledgement providing you the right to use the TM symbol. After the registration of it, you can use the ® symbol.

What if someone has a similar word trademarked?

Though you can’t get the word but still all is not lost. You can design a unique logo instead for your business and include the name in it like BMW. The name is within the logo making it a great example. A prefix could also be permissible. This is known as a logo composite mark. Though there is a way out, it is best to have a unique name.

Do you guarantee approval of my trademark?

The approval of the trademark completely depends on the judgment of the Government. But, if the trademark is unique, then there is a nice chance that it will be granted.

What is the difference between trademark, copyright and patent?

Copyright

It protects original works in the form of intellectual property (literary, dramatic, musical, artistic etc.). A business can copyright its books, reports, audio or video materials.

Trademark

It protects words, names, symbols, colors etc that distinguish products and services from those of others. It indicates the source of the goods. A company can register its business name, logos, slogans, etc that creates the brand image of a company.

Patent

Government grants an exclusive right to an inventor for an invention for a limited period of time in exchange for the disclosure of the discovery to the general public.