Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 05 December 2008
Generally speaking, an user can use (R) for the trade mark which is duly registered by the TM Registry in India. And (TM) / (SM) for the mark which are pending registration.
Sapna Makhija (Lawyer) 05 December 2008
So far as the symbol TM (trade mark) /SM (service mark) is concerned, Trade Mark Act, 1999 does not provide any provision for using it. But American Trade Mark Laws do provide for the same.
To protect the interest and cliam the prior use in Trade Mark, people use it from the date of filing an application for the registration of Trademark till its registration.
(R) is used once the Trade mark applied for, is registered.
Naqeeb Nawab (IPR Consultant) 09 March 2009
R can only be used for the trademarks which are registered with the Indian Trademark Registry. Usage of R for unregistered trademarks is a criminal offence.
With regards to TM there is a misconception among the people that the TM can only be used for a mark for which an application has been filed. However, this is not correct, TM can be used by for any mark irrespective of whether an application for regsitration of trademark has been filed or not.
Vedaa Mirazkar (98457 02459) (Lawyer) 06 November 2009
Mr.Naqeeb Nawab - Actually TM is used for a mark for which trade mark application is pending.
Priyanka Behal (Lawyer) 22 December 2009
(R) is used for a registere trade mark and (TM) is used for a pending trade mark application.
www.tmrindia.in (Advocate) 05 January 2010
The mark "TM" is just an indication that you are using the mark or the name as your tradename, Generally in INDIA people are using "TM" while the trademark application is in the process of registration with the Trademark Office of India and
Whereas the mark "R" indicates the general public that the tradename / mark you are using is a registered trademark.
sukriti (Student) 22 December 2011
If there exists no particular provision in the Trademarks Act regarding use of the (TM) symbol for a pending application and (R) for a registered mark, has this practice emerged due to continous usage?
What i want to ask is whether there is any provision at all for the use of the (TM) and (R) symbols.