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Banker Harpreetsingh (Patent Agent)     27 August 2014

Tm & r

I have applied for registration of TM on 25/08/2014. 

My question is what is the difference between TM & R. And when will I get the right to use them. If sections and rules are quoted it would be of great help.

 4 Replies

anand (legal advisor)     11 September 2014

when we write the TM it means the application is pending before the TM office for registration but you are entitle to write R only after you get the TM approved in your favour.

Banker Harpreetsingh (Patent Agent)     11 September 2014

Anand thanks for the reply. Would you pl throw light as to which section in the TM act allows us to use 'tm'.

shruti (Advocate)     14 September 2014

TM says its your trade mark and you can write TM even without making an application (for common law countries). There is no provision in Act or rules in negative.

(R) indicates its your registered trade mark. If your mark is not registered and you mention (R) that means you are misleading people and playing fraud. Section 107 provides for punishment for using (R) when your trade mark is not registered.

Banker Harpreetsingh (Patent Agent)     15 September 2014

Shruti Thanks.

u/s 107 it is clear that (R) cannot be used by unregistered marks.

And nowhere in the TM act or rules the mark (TM) is even mentioned i.e. nothing in negative. Hence it can be used on application.

Thanks for the clarification.

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