Registered Trademark vs. TM

Attribute	Registered Trademark	TM
Legal Protection	Offers stronger legal protection	Offers limited legal protection
Symbol	®	TM
Usage	Can only be used after registration	Can be used without registration
Validity	Valid for 10 years, renewable	No expiration, but can be abandoned
Geographical Protection	Protected within specific jurisdictions	No geographical protection
International Protection	Can be extended to other countries	No international protection
Enforcement	Can take legal action against infringers	No legal action, but can use common law rights

Introduction

When it comes to protecting intellectual property, trademarks play a crucial role. Trademarks are symbols, logos, or phrases that distinguish a particular brand or product from others in the market. They help consumers identify and associate products with a specific company. Two common types of trademarks are the Registered Trademark (®) and the TM symbol. While both serve the purpose of protecting a brand, there are distinct differences between the two.

Registered Trademark (®)

A Registered Trademark, denoted by the ® symbol, is a mark that has been officially registered with the appropriate government authority. The registration process involves filing an application, paying fees, and meeting specific criteria set by the governing body. Once registered, the trademark owner gains exclusive rights to use the mark in connection with the goods or services it represents.

One of the key advantages of a Registered Trademark is the legal protection it provides. It grants the owner the ability to take legal action against any unauthorized use or infringement of the mark. In case of a dispute, the burden of proof lies with the infringing party to demonstrate that their use of the mark does not infringe upon the registered mark.

Another benefit of a Registered Trademark is the nationwide protection it offers. Once registered, the mark is protected throughout the entire country, regardless of the geographic location of the business. This ensures that the brand is safeguarded from potential infringement across various regions.

Furthermore, a Registered Trademark provides a strong deterrent against potential infringers. The presence of the ® symbol signals that the mark is legally protected, which may discourage others from attempting to use or imitate the mark for their own gain.

However, obtaining a Registered Trademark can be a time-consuming and costly process. The application process often involves extensive research, documentation, and legal assistance to ensure compliance with the requirements. Additionally, there are ongoing maintenance requirements, such as filing renewal applications and monitoring for potential infringements.

TM Symbol

The TM symbol, on the other hand, represents an unregistered trademark. It can be used by any individual or business to indicate that they claim rights to a particular mark. Unlike the Registered Trademark, there is no formal application or approval process required to use the TM symbol.

Using the TM symbol provides some level of notice to others that the mark is being used as a trademark. It can help establish common law rights, which provide limited protection against potential infringers. However, these rights are generally weaker compared to the rights granted by a Registered Trademark.

One of the advantages of using the TM symbol is its flexibility and ease of use. It can be applied to a mark without any formalities, allowing businesses to quickly establish their brand identity. This is particularly beneficial for startups or small businesses that may not have the resources or time to go through the registration process.

However, it is important to note that the TM symbol does not provide the same level of legal protection as a Registered Trademark. In case of infringement, the burden of proof lies with the owner of the unregistered mark to establish their rights and demonstrate that the unauthorized use of the mark causes confusion or dilution.

Additionally, the protection offered by the TM symbol is generally limited to the geographic area where the mark is being used. This means that if a business expands its operations to other regions, it may need to consider registering the mark to ensure comprehensive protection.

Conclusion

In conclusion, both the Registered Trademark and the TM symbol serve as important tools for protecting trademarks. The Registered Trademark provides stronger legal protection, nationwide coverage, and acts as a deterrent against potential infringers. However, it requires a formal application process, ongoing maintenance, and can be costly. On the other hand, the TM symbol offers flexibility and ease of use, but provides limited legal protection and is generally limited to the geographic area of use. The choice between the two depends on the specific needs and resources of the trademark owner. Regardless of the option chosen, it is crucial for businesses to protect their trademarks to maintain their brand identity and prevent unauthorized use.