I applied for Trademark Registration- Should I Use ® or ™

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  • Difference between TM & R

Larsen and Toubro (www.larsentoubro.com). Seemingly, this firm has become a household name since the advent of metro rail in our nation. Also known as L&T, the firm is registered under several classes as per Indian Trademark Registration Act. However, a firm named LachmiNarain Trades and Others started using the name/abbreviation “LNT/ELENTE” as a brand name for their electrical goods, under which they sold solutions for electrical distribution mechanisms.

Additionally, the plaintiff learned that the latter firm had applied for a trademark registration, which was pending before the Trademark Registry. However, Larsen and Toubro had a verified registration, offering them the feasibility to use the ® symbol, against the ™ used by the defendant.

Obviously, the case was ruled in the plaintiff’s favor, because, it had the trademark registered, against the pending application of the defendant. This is the exact point where the difference between ™ and ® comes to light.

The ™ Symbol:

The ™ symbol denotes that the application for a trademark registration has been made with the trademark registry. The ™ symbol hence represents the presence of a trademark application with respect to the asset in consideration, and seemingly, acts as a deterrent for trademark infringers. Using the ™ symbol comes with no restrictions, and is just a signal denoting that the asset belongs to the applicant in consideration. However, the best solution would be applying for an online ™ registration.

The ® Symbol:

® Symbol denotes that the applicant has a verified trademark registration with respect to the asset in consideration. In India, using the ® symbol, when the trademark is not registered or the registration is pending with the trademark registration office, is a punishable offense. Hence ™ registration should be done to ensure, that the asset in consideration remains safe from trademark infringers.

Well, the primary difference between ™ and ® is with respect to the registration. When a company or an individual uses the ™ symbol, it denotes that the asset or brand belongs to them. However, it comes with no legal binding. On the other hand, if the trademark is verified and registered, it is legally binding, and your brand name is free from any infringement issues.

How to transform ™ into ®:

Well, you are good to go.

As soon as your ™ registration is verified, you can start using the ® symbol next to your brand name.

The first step to bring your asset or brand name under ™ registration is applying for an online trademark registration. Hence, Its obvious that applying for a trademark registration online is far more feasible, as compared to the conventional methods of offline application.

About the Author:

Shrijay Sheth
Shrijay, co-founder of LegalWiz.in, is best known for his business acumen. On this platform, he shares his experiences backed by a strong understanding of digital commerce businesses. His more than a decade-long career includes a contribution to some of the highly successful startups and eCommerce brands across the globe.

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