Use of tm

Aditya Dev (Querist) 15 June 2017 This query is : Resolved
i am a small llp partnership who engage in developing software for improving medical surgeries. My question is when can TM be used?

I have read online contradictory views that 'TM' can only be used once a person has applied for registration or when registration is pending. The other view is that TM can be used without applying for registration and there is no need to apply for registration to use TM.

Please help me.

Thanx in advance.

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leena Sharma (Expert) 15 June 2017
You can use trade mark any which way. However, in case of unregistered Trade Mark the chances of being used the same tm is higher and then u will have to establish prior use in a court of law in case you choose to sue.

In case of registered TM, presumption is made of ownership.