A trademark in India is a type of intellectual property, and typically a name, phrase word, logo, symbol, design, image and a combination of these elements. There is also a range of non-conventional trademarks comprising marks, which do not fall into these normal categories. There are 3 types of trademark symbols, which are in use. The first one is the unregistered trademark, which is represented by letters TM. Infringement of this trademark is not legally enforceable. Service trademark is represented by letters 'SM', and is usually used by the service sector brands. The registered trademark is the most usually used trademark, and is legally enforceable, and is represented by an 'R', enclosed in a circle. The TM and SM can be used with a mark by anyone who is claiming rights to that mark. To use either the TM or SM symbols, There is no need to have a federal registration with the United States Patent and Trademark Office.
Trademark law protects the owner of their services and goods in the marketplace. The United States Trademark office invokes trademark Rights on related laws. These laws protect the owners that registered their service mark. Trademark Rights affects the interest of applicant, businesses or owner with respect to intellectual. If you want to claim the rights of a logo or name, use the TM (trademark) or SM (service mark) designation to give notice to the public about your claim. This use of the SM or TM Trademark Symbol does not indicate a legally enforceable trademark. Whenever a product is trademarked, after the products name, a trademark code symbol is placed to inform others that the item is trademarked and can not be reproduced.
Registered Trademark Symbol
Registered Trademark Symbol refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark office. Registering a trademark is helpful to a business because it openly states that your trademark is registered with the USPTO and therefore, you have exclusive rights to that name within your industry. This means that if your business had a registered trademark, and you found another business of a similar nature utilizing your name or logo, you would probable have the legal right to use your name.