Trademark Symbols & its meanings | TM-™, R-® & C-© Symbols

TM full form is a "Trademark". TM, R and C symbols are frequently used with a trademark or copyright to indicate certain aspects of an intellectual property registration. The following are the common usages of these symbols:

™ - TM Symbol ©

The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

SM Symbol

SM or Service Mark is a symbol used with trademark applications that are filed under class 35-45. Some applicants prefer to use TM symbol for trademark applications filed under class 1-34 and SM for trademark filed under class 35-45. Using the TM symbol for all classes or using a SM mark for trademark application under class 35-45 are both acceptable.

® - R Symbol

Once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws. Use of the ® symbol after filing a trademark application or without obtaining trademark registration is unlawful.

©- C Symbol

The © symbol stands for copyright and is a reserved right notice concerning any work that can be copyrighted like artwork, photography, videography, books, literary works, etc.,. The C symbol is used along with the copyright holder name and the year of first publication. In some countries, the proper use of © symbol is a must to claim copyright protection. However, the Berne Convention does require the use of © symbol to claim copyright protection and India is a member of Berne Convention. Hence, thought the use of © symbol is not a statutory requirement, puts infringers on notice.

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Frequently Asked Questions

Common questions about Trademark Symbols: TM, R, and C Explained.

The ™ symbol is used to indicate that an application for trademark registration has been filed for a particular mark. It serves as a notice to potential infringers and counterfeiters that the owner claims exclusive rights to the mark.

No, the ® symbol can only be used after a trademark has been officially registered. Using the ® symbol before obtaining registration is unlawful and can lead to legal consequences.

While the use of the © symbol is recommended as it puts potential infringers on notice, it is not a strict requirement to claim copyright protection in most countries, including India, which is a member of the Berne Convention.

The TM symbol is generally used for trademark applications related to goods (classes 1-34), while the SM symbol is used for trademark applications related to services (classes 35-45). However, using the TM symbol for all classes is also acceptable.

No, the TM symbol can only be used until the trademark is officially registered. Once the trademark is registered, the owner must switch to using the ® symbol to indicate the mark's registered status.

Yes, when using the © symbol, it is recommended to include the name of the copyright holder and the year of first publication alongside the symbol.

No, the ® symbol can only be used for trademarks that have been officially registered with the relevant trademark authority. Using the ® symbol for unregistered trademarks is considered misleading and can result in legal consequences.

No, the ® symbol can be used perpetually once the trademark is registered, as long as the registration remains valid and is renewed as per the applicable laws.

No, the © symbol should only be used for works that are eligible for copyright protection, such as literary works, artistic works, photographs, music, and other creative expressions.

While using the TM symbol for all trademark applications (goods and services) is generally acceptable, it is advisable to use the SM symbol specifically for trademark applications related to services (classes 35-45) to provide clarity and avoid any potential confusion.