USE OF SYMBOLS – ℠, ™ and ®

Trade marks are very powerful branding tools in any business venture and are used to identify the source of the goods/services. Care should be taken when using the above symbols along with your Service Mark or Trade Mark. Misuse may entail prosecution and penalties.

Symbol SM: is used for unregistered service marks to indicate that the person is claiming exclusive rights in the same. This symbol is not used in relation to goods but only in relation to services.

Symbol TM: is also used for unregistered trade marks to indicate that the person is claiming exclusive rights in the trade mark. This symbol is used in respect of goods and not services. The Symbol TM can also be used for service marks in India.

Symbol ®: Once your mark has been registered, this symbol can be used along with the trade mark to indicate that the same is registered. False use of the symbol, when the mark is not registered, is an offence and is punishable with imprisonment which may extend for a term upto 3 years or with a fine or both.

It should be remembered that use of any of the symbols does not in any manner confer any trademark or copyright rights and does not guarantee that the mark will be get better protection in law.

Since the Trade Mark laws are territorial, you cannot use the symbol ® in relation to goods/services only in the country where the mark is registered.

How to use the Symbol: Use it in a superscript at the upper right hand corner of the mark.

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